Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's back disability is at least as likely as not aggravated by his service-connected bilateral knee disabilities. Therefore, service connection for aggravation of a back disability due to service connected bilateral knee disabilities is granted.

The Board has determined that a separate rating of 20 percent for radiculopathy of the right lower extremity is warranted as of June 8, 2007.

The Veteran's claim for increased ratings and TDIU was granted. For the period on appeal, he is rated at 40 percent for his lumbar spine degenerative disc disease with history of low back strain, and 10 percent each for his left and right lower extremity radiculopathy associated with this condition.

The Board has determined that the Veteran's current lumbar spondylosis and tinnitus are etiologically related to his military service, granting service connection for these conditions.

The Board found that the Veteran's low back disorder did not result from improper VA care, and thus denied her claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 40 percent, and his migraine headaches are rated at 50 percent. The effective date for these ratings remains February 12, 2001.

The Board has remanded the case for additional development, including obtaining an opinion on whether the Veteran's service-connected bilateral knee disabilities aggravated his low back disability. The claim will be reconsidered after this additional development.

The Veteran's lumbar spine disability was evaluated at a 20 percent rating for the period prior to November 24, 2015. The Board found no evidence of additional functional impairment due to flare-ups or incapacitating episodes that would warrant an evaluation in excess of 20 percent.

The Veteran's lumbar spine disorder has been shown to be manifested by constant pain, a burning sensation, tenderness, stiffness, and difficulty walking or standing for prolonged periods. The Board finds that a 20 percent rating most closely approximates the Veteran's lumbar spine limitation of motion and functional impairment during the relevant period.

The Board has granted service connection for a lumbar spine disorder at the L4-L5 level, but denied service connection for a cervical spine disorder. The Veteran's lumbar spine disorder is found to be related to his active service, while his cervical spine disorder is not.

The Veteran has withdrawn his appeal for all issues, including service connection claims.

The Board denied the Veteran's claims for increased ratings for PUD, tinnitus, and left ear hearing loss. The evidence did not show a disability picture more nearly approximating moderate or higher for these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA medical records, scheduling a VA examination regarding his bilateral hearing loss, bilateral knee disorder, lumbar strain, and PTSD, and updating the claims file with all relevant VA treatment records.

The Board has remanded the claims for service connection due to withdrawal of appeals by the Veteran.

The Veteran's appeal has been withdrawn due to his request for withdrawal prior to the Board's decision.

The Veteran's claim for an increased rating for his service-connected thoracolumbar spine strain with degenerative changes is being remanded due to the need for additional development, including a VA examination.

The Board has granted service connection for bilateral knee disability and lumbar spine disability, finding that the Veteran's current conditions are related to his in-service duties. The decision is based on credible lay evidence of symptoms during service and a causal relationship between those symptoms and current disabilities.

The Veteran's claim for increased ratings for her low back disability is being remanded due to the need for additional medical examination and opinion.

The Veteran's service-connected disabilities (lumbar spine disability and associated radiculopathy of the lower bilateral extremities) preclude her from securing or following a substantially gainful occupation, meeting the minimum schedular requirements for TDIU benefits.

The Board has remanded the claims for additional development due to inadequate medical opinions and conflicting evidence regarding the Veteran's right ankle condition.