Back / lumbar spine decisions — 2018

The Board found no evidence linking the Veteran's skin condition, bilateral carpal tunnel syndrome, cervical spine disability, lumbar spine disability, or acquired psychological disorder to his active service. The claims were denied as there was insufficient medical evidence to support a connection between these conditions and his military service.

The Veteran's service-connected disabilities, including osteoarthritis of the lumbar spine and generalized anxiety disorder, rendered him unable to secure or follow substantially gainful employment prior to July 28, 2015. The Board finds that he is entitled to a TDIU on an extraschedular basis.

The Veteran's claim for increased ratings for his lumbar spine disability is being remanded due to the need for additional development, including a VA examination and retrieval of relevant medical records.

The Veteran's appeal is remanded for additional development, including obtaining an opinion regarding the etiology of his lumbar spine disability and whether it is related to service.

The Veteran's claim for a TDIU prior to December 19, 2006 was denied as his service-connected disabilities did not prevent him from securing and following any form of substantially gainful employment.

The Veteran's degenerative joint disease of the thoracolumbar spine was rated at 40 percent effective July 5, 2017.

The Veteran's claim for special monthly compensation (SMC) based on aid and attendance and/or housebound status is denied as the evidence does not show that he is permanently or substantially confined to his home due to service-connected disabilities, nor is he unable to perform self-care activities without assistance.

The Veteran's service-connected conditions did not cause or contribute to his death. The claim for service connection for the cause of death is denied.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and a VA examination to assess the severity of his service-connected lumbosacral strain with osteoarthritis.

The Veteran is found to be unemployable due to his service-connected disabilities, specifically bilateral hearing loss and degenerative arthritis of the lumbar spine. His combined disability rating meets the criteria for a TDIU as of March 22, 2017.

The Board has decided to remand the case for a new VA examination to determine the nature and cause of the Veteran's back disability, as the previous examination was based on outdated information.

The Board found no evidence of a nexus between the Veteran's service and his current low back disability, thus denying his claim for service connection.

The Board found that the Veteran's service-connected disabilities did not render him unable to secure and maintain substantially gainful employment prior to August 16, 2012.

The Board has determined that the Veteran's lumbar spine disability, including scoliosis, was not incurred in or aggravated by service and may not be presumed to have been incurred or aggravated therein. The preponderance of evidence is against finding a current disability related to service.

The Veteran's claims for increased ratings for his cervical spine and left upper extremity radiculopathy disabilities have been denied. The current disability ratings are found to be appropriate.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, warranting a TDIU for the period beginning January 22, 2018.

The Veteran's degenerative disc disease of the lumbar spine has been rated at 20 percent, and the Board finds that this rating is appropriate given his current range of motion and lack of ankylosis or significant functional loss.

The Veteran's claims for increased evaluations of his service-connected lumbar spine disability and tinnitus are being remanded due to inadequate examination, new evidence not having been provided, and the need for a supplemental statement of the case.

The Veteran's left lower extremity radiculopathy is rated at 40 percent effective June 29, 2017. The claim for a higher rating prior to that date is denied.

The Veteran's initial disability rating for his lumbar spine disability was denied as it did not meet the criteria for a higher rating prior to March 17, 2015. After that date, he received a 40% rating which is also denied.