Back / lumbar spine decisions — 2017

The Veteran's claims for increased ratings for his degenerative arthritis of the left ankle, lumbosacral spine, and left foot drop have been denied. The claim for a compensable evaluation for the left fifth hammertoe remains pending.

The Veteran's appeal is being remanded for additional development, including scheduling a videoconference hearing and issuing a Statement of the Case regarding his claim for an initial rating in excess of 10 percent for left knee degenerative arthritis.

The Veteran's claim for a higher rating for his service-connected back disability was denied. The Board found that the evidence did not support an increased rating beyond 40 percent, and the effective date of any increase would be April 17, 2015.

The Board denied service connection for cervical spine and low back disabilities, finding that the current conditions are not related to service.

The Veteran's appeal is being remanded for further development, including obtaining VA outpatient treatment records and ensuring all relevant evidence has been considered.

The Veteran's hiatal hernias are not productive of a severe impairment of health, and his service-connected lumbar spine disability has been rated at various levels since the claims period. The Veteran does not meet the criteria for higher ratings under the applicable rating schedule.,For the period prior to July 28, 2009, the Veteran's lumbar spine disability was rated at 10 percent; between July 28, 2009 and November 12, 2012, it was rated at 20 percent; and after November 12, 2012, it was rated at 40 percent. The Veteran does not meet the criteria for a higher rating due to his lumbar spine disability.,The Veteran's service-connected disabilities do not preclude substantially gainful employment consistent with his education and occupational experience.

The Veteran withdrew from appeal all issues related to increased ratings for various knee and spine conditions.

The Veteran withdrew their appeal for a disability rating in excess of 10 percent for advanced degenerative changes of the lumbosacral spine.

The Board has determined that an effective date earlier than August 21, 2014 for the award of service connection for lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, and scar tissue on the lower back is denied.

The Veteran's appeal is currently in remand status due to the need for additional development, including a VA examination and obtaining outstanding treatment records. The issues include increased ratings for low back disability and sciatic nerve impairment of the right lower extremity, as well as TDIU.

The Veteran's claims for service connection and higher initial ratings were granted, with effective dates ranging from May 20, 2002 to April 15, 2004. The Veteran also received a new rating of 10% for her right knee chondromalacia.

The Veteran's back disability has manifested by forward flexion to 30 degrees or less without ankylosis or incapacitating episodes, and the criteria for initial rating in excess of 40 percent have not been met.

The Board has ordered additional development to determine the current severity of the Veteran's back, right shoulder, and hypertension disabilities. The case is being remanded for further examination and evaluation.

The Veteran's service-connected disabilities alone do not render him incapable of securing and following a substantially gainful occupation.

The Veteran's appeal has been withdrawn by the appellant prior to the Board issuing a decision.

The Board has remanded the case for additional development, including obtaining a VA addendum opinion to address secondary service connection for the Veteran's low back disorder claim.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Vocational Rehabilitation records. A new VA examination of the lumbar spine will also be scheduled.

The Veteran's claims for service connection and increased ratings have been granted. He is now in receipt of disability compensation for his diagnosed conditions.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to assess the severity of his service-connected back disability. The matter will be further adjudicated based on the new evidence.

The Board has determined that the Veteran's right knee disorder is not related to his active service, and as such, he does not meet the criteria for service connection. The lumbar spine disorder claim requires further development due to inadequate previous examination.