Back / lumbar spine decisions — 2017

The Veteran's initial rating for his residual scar post shrapnel wound, right lower extremity was granted at a 10% level effective September 1, 2001. The effective date for service connection of his degenerative disc disease of thoracic spine with chronic lumbar strain was also set at September 1, 2001.

The Veteran's service-connected lumbar spine disability has not met the criteria for a higher rating prior to September 10, 2012, and in excess of 20 percent thereafter. The current evaluation adequately reflects the severity of her condition.

The Board has remanded the case for additional development, including obtaining a VA examination and opinion regarding the Veteran's low back disability. The right leg claim is inextricably intertwined with the low back claim.

The Veteran's claims for low back injury, acquired psychiatric disorder, hypertension, cardiovascular disorder (other than hypertension), and erectile dysfunction were denied as the evidence did not establish a service connection.

The Veteran's lumbosacral strain and associated radiculopathy of the right and left lower extremities are rated at 40 percent, with separate ratings for each affected limb.

The Veteran's service-connected disabilities, including his back condition and other conditions like sleep apnea, hypertension, and carpal tunnel syndrome, render him unable to secure or follow substantially gainful employment.

The Veteran's inpatient treatment at Martin Memorial Medical Center from April 20 to April 28, 2011 is approved for reimbursement as it met the criteria under 38 U.S.C. § 1725.

The Veteran's appeal has been withdrawn by his representative prior to the Board making a decision.

The Veteran's appeal has been dismissed as the appellant withdrew it prior to a decision being made.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his low back disorder. Additionally, the claim for TDIU will be considered.

The Veteran's lumbar strain with degenerative disc disease is currently rated at 10 percent prior to May 25, 2016 and has been increased to 20 percent from that date.

The Board found that the Veteran's left shoulder impingement, back disability (lumbosacral strain and degenerative disc disease), and bilateral knee chondromalacia do not warrant a higher rating under the applicable diagnostic codes. The current ratings of 20 percent for each condition are deemed adequate.

The Veteran's bilateral hearing loss disability has been rated as noncompensable throughout the appeal period. The Board finds that his hearing loss does not meet or approximate the criteria for a compensable rating under VA regulations.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Board has determined that the preponderance of evidence is against finding a low back condition related to service, and denied the Veteran's claim for service connection. The issue of hypertension as secondary to PTSD was also denied.

The Veteran's lumbar spine disability was rated at 20 percent prior to June 27, 2017 and increased to 40 percent thereafter. The TDIU on a schedular basis is granted effective July 13, 2015.

The Veteran's claim for a higher rating for her lumbar spine strain was denied as there is no evidence of unfavorable ankylosis of the entire thoracolumbar spine.

The Board has determined that the Veteran's bilateral hip, left knee, and back disabilities are not related to his service-connected right knee disability or any other service-connected condition. Therefore, these claims for secondary service connection have been denied.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and development of evidence.

The Veteran's service-connected DDD of the lumbosacral spine and herniated nucleus pulposis are not rated higher than 40 percent, and his lumbar radiculopathy is not rated higher than 20 percent. The claims for increased ratings are denied.