Back / lumbar spine decisions — 2018

The Board found that the Veteran's service-connected conditions do not preclude him from following a substantially gainful occupation, and therefore denied his claim for TDIU.

The Veteran's claim for an initial rating in excess of 10 percent for a back disability is being remanded due to inadequate May 2008 VA examination and the need for another VA examination.

The Board has granted service connection for left lower extremity radiculopathy effective from September 23, 2010. The Veteran's claim was received on March 31, 2010.

The Veteran's appeal is remanded due to the need for additional VA examinations and records. The issues of a higher rating for his service-connected lumbar spine disability and entitlement to TDIU are pending.

The Board has determined that additional development is needed, including obtaining medical records and scheduling the Veteran for an examination regarding his service connection claim for a back disability. The case will be remanded to the AOJ for further action.

The Veteran's claim for service connection of major depressive disorder was granted effective November 12, 2013. The Board found that the Veteran is unemployable due to his service-connected disabilities and awarded a TDIU from April 20, 2014.

The Board has granted service connection for low back disability and left eye disability, finding that the evidence is in equipoise regarding whether these conditions are related to service. The Veteran's claims were based on presumed exposure during service.

The Board has determined that additional development is needed to obtain outstanding VA treatment records and to provide the Veteran with appropriate VA examinations for her claimed disabilities. The case will be remanded for these actions.

The Board denied the Veteran's claims for increased ratings for hypertension and lumbar spine disability, finding that they do not meet the criteria for a compensable or higher rating under applicable VA regulations. The claim for TDIU was also denied as it is not related to service-connected disabilities.

The Board has determined that the Veteran's current diagnosed low back, right knee, and bilateral hearing loss disabilities are related to his service due to combat exposure. The Board granted service connection for these conditions.

The Board has determined that the Veteran does not have a current disability related to his service, specifically left ear hearing loss and right ear hearing loss. The evidence does not support a finding of service connection for these conditions.

The Veteran's cervical strain and thoracolumbar spine disabilities are rated at 20 percent and 30 percent, respectively. The rating for the cervical strain is increased from 10 percent to 20 percent effective February 13, 2017.

The Board has determined that the Veteran's current low back disability is not related to his service, specifically his period of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). The VA examiners found no evidence linking the current condition to service.

The Board has determined that the Veteran's current lower back disability did not manifest in service or within the first post-service year, and is not otherwise related to service. As such, service connection for a lower back disability cannot be granted.

The Veteran's appeal for higher disability ratings and service connection was denied. The Veteran is not entitled to a higher initial disability rating for cervical spine degenerative disc disease, nor does he have bilateral hearing loss or entitlement to TDIU prior to February 1, 2008.

The Veteran's lumbar strain with IVDS of the lumbar spine was granted a 20 percent rating effective October 20, 2014. The noncompensable ratings for his surgical scar and superficial, non-linear scar were also granted.

The Board granted a 40 percent evaluation for service-connected degenerative disc disease of the lumbosacral spine from August 5, 2015. The other issues were remanded.

The Veteran's claims for service connection for macular degeneration, hypertension, right knee disability, left knee disability, and low back disability have been denied. The appeal is not about service connection at all.

The Board found that the Veteran's back disability is not related to service and denied his claims for service connection and TDIU.

The Board has remanded the case for additional development due to inadequate VA examinations and missing medical records. The Veteran's service-connected lumbar spine degenerative changes and cervical syndrome with mild degenerative changes are being evaluated again, along with his claim for a total disability rating based on individual unemployability.