Back / lumbar spine decisions — 2018

The Board has remanded the Veteran's claims for service connection for a back disorder and higher initial ratings for depressive disorder, as well as his claim of entitlement to TDIU due to inextricably intertwined issues. Additional records are needed from VA and non-VA sources.

The Board has remanded the case due to incomplete compliance with a previous remand directive and failure to obtain medical records from Carraway Methodist Medical Center. The Veteran's claims for service connection are pending.

The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment prior to June 25, 2009. From that date onward, he was capable of sedentary employment.

The Veteran's claims for service connection, increased ratings, and TDIU are being remanded due to the need for additional development including VA examinations.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation since December 12, 2005.

The Veteran's claim for a higher rating for her degenerative disc disease of the lumbar spine with pyriformis syndrome was denied. The separate rating for bowel impairment as a neurological manifestation of the lumbar spine disability is granted, but at a lower level than requested. The left ankle impingement with synovitis remains rated at 20 percent. The Veteran's request to withdraw her TDIU claim has been accepted.

The Veteran's service-connected left shoulder disability is not the cause of his current neck disability.,There is no evidence to support a finding that the Veteran has residuals from a head concussion at any point during the appeal period.

The Veteran's hypertension and headaches are service-connected. Service connection for a groin disability, bilateral hearing loss, bilateral shin splints, skin disorder, and erectile dysfunction is not established. The Veteran has an extraschedular rating for his lumbar spine condition and the claim for a higher PTSD rating was denied.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation for the period prior to June 21, 2012.

The Veteran's service-connected lumbar spine disability is rated at 40 percent, the highest schedular rating available for limitation of motion. The appeal is granted.

The Board has remanded the Veteran's claims due to the need for additional medical opinions and development of her employment history.

The Veteran's thoracolumbar strain and cervical spine disabilities have been rated at 10% prior to November 22, 2017. Since then, the criteria for a higher rating of 20% or more have not been met.

The Board has determined that the Veteran's low back disability did not manifest within one year of his separation from service and was not otherwise the result of a disease or injury in service, thus denying the claim for service connection.

The Veteran's service-connected disabilities did not cause or contribute to his death. The appellant is denied entitlement to nonservice-connected pension since July 1, 2008 due to her income exceeding the maximum allowable rate.

The Board denied the Veteran's claims for service connection as he failed to report for a scheduled VA examination.

The Veteran's appeal was granted, and he is now entitled to a temporary total disability rating for convalescent purposes following surgery for fungus infection of the feet from March 1, 2010 to April 1, 2010.

The Veteran's low back disability was rated at 40 percent effective June 4, 2009, based on evidence showing functional impairment reducing his forward flexion to 30 degrees or less.

The Veteran's increased ratings for degenerative arthritis of the lumbar spine, left lower extremity radiculopathy, and right lower extremity radiculopathy were denied.,Service connection was not granted for a cervical spine disorder as secondary to the service-connected lumbar spine disability.

The Board has remanded the case for further development, including verifying the Veteran's periods of active duty training (ACDUTRA) and obtaining a new VA examination to determine if his current back disability is related to his reported injury in 1999.

The Veteran's service-connected lumbar strain is currently rated at 20 percent, and he seeks higher ratings for his sciatica. The VA examinations have shown that the Veteran has limited range of motion in his lower back but no additional loss of function or range of motion during repetitive use or flare-ups.