Back / lumbar spine decisions — 2018

The Board has determined that the Veteran's current low back disability was not incurred during active service and is not related to his military service. The claim for service connection is denied.

The Veteran's thoracolumbar spine disorder has been rated at 10 percent prior to October 4, 2017 and increased to 40 percent thereafter. The rating of 40 percent is maintained as the evidence does not meet the criteria for a higher rating.

The Board has remanded the case for further development, including obtaining VA treatment records and conducting a VA examination. The Veteran's claims will be reconsidered after this additional development.

The Veteran's claims for increased ratings for his service-connected left knee degenerative joint disease and lumbar spine disability are being remanded for additional development.

The Board has remanded four issues related to the Veteran's service connection claims due to insufficient evidence. The Veteran will need an addendum opinion from a medical examiner regarding his use of prescription steroid medication during active duty and its impact on his current conditions.

The Board denied service connection for residuals of a head injury, AVM, seizures, headaches, dizziness, and back disorder. The Veteran's scarring of the scalp was granted service connection.

The Veteran's claim for a TDIU was remanded due to the need for further development and consideration of additional medical evidence submitted by the Veteran. The case is now pending with the RO.

The Veteran's claim for an increased disability rating for her thoracolumbar spine disability is denied as the evidence does not show that she meets the criteria for a disability rating in excess of 10 percent prior to February 13, 2013 and in excess of 40 percent thereafter.

The Board previously denied a rating in excess of 20 percent for the Veteran's low back disability, but granted a 20 percent rating effective February 27, 2008. The Court vacated only the portion denying a higher rating from that date. The case is remanded due to deficiencies in the prior VA examination and the need for further clarification of the Veteran's work capacity.

The Veteran's claims for an increased rating for service-connected lumbar spine disability and a TDIU are being remanded due to the need for additional development, including a new VA examination.

The Veteran's service-connected lumbar strain has been rated at 10 percent since January 28, 2009. The Board found that the evidence does not support a higher rating as her symptoms do not meet or approximate the criteria for a higher disability rating.

The Veteran's appeal for increased ratings for his service-connected IBS, PTSD, and lumbar spine disability was denied. The Board found that the Veteran's IBS symptoms were severe but did not meet the criteria for a higher rating under the applicable VA Schedule for Rating Disabilities.

The Veteran's service connection claims for fatigue, low back condition, bilateral knee conditions, and chronic headaches are granted as they are due to Gulf War Syndrome.

The Veteran's claims for increased ratings and service connection have been granted. He is now entitled to a compensable rating for left ear hearing loss, service connection for his back condition, and service connection for his right ankle condition.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his lumbar spine disability and bilateral lower extremity radiculopathy. The TDIU claim will also be addressed.

The Veteran's claims for service connection for an acquired psychiatric disorder (to include PTSD and dysthymic disorder) are denied. The claim for increased rating for status post laminectomy lumbosacral spine with low back pain is granted to a maximum of 40 percent from September 20, 2010 to August 6, 2016, but denied thereafter. Separate initial ratings in excess of 10 percent are not warranted for femoral nerve radiculopathy of the right leg and sciatic nerve radiculopathy of the left leg.

The Veteran's service-connected bilateral pes planus is rated at 50 percent, effective from the date of his claim. The Board found no evidence to support a higher rating for this condition.

The Board has granted service connection for tinnitus and low back disability, finding that the evidence is at least evenly balanced as to whether these conditions are related to service.,Additional claims of entitlement to service connection for bilateral hearing loss, right knee disability, and left knee disability are being remanded.

The Board finds that the Veteran's radiculopathy of the right upper extremity is proximately due to his service-connected cervical spine disability, and grants service connection for this condition.

The Board denied the Veteran's claim for service connection for a low back disability, finding no medical evidence to support a link between his current condition and his military service.