Back / lumbar spine decisions — 2018

The Veteran withdrew his appeals for service connection of low back and left ankle disabilities during the Board hearing, thus dismissing the appeal.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a low back disorder. The Veteran's neuropathy of the right lower extremity is found to be secondary to his now service-connected low back disability.

The Board has determined that the Veteran's low back disability with right lower extremity radiculopathy and neck disability are service connected. The issues of reopening the claim for a low back disability and granting service connection for a neck disability have been resolved in favor of the Veteran.

The Board has reopened the Veteran's claim for service connection and finds that there is sufficient evidence to establish a nexus between his current back disability and his military service. The Veteran's claim is therefore granted.

The Veteran's lumbar spine disability has been rated at 20 percent since August 2005. The Board finds that a higher rating of 40 percent is warranted for the entire period on appeal due to limited range of motion and pain.

The Veteran's service-connected disabilities do not render him unemployable, as he has been successfully working during the appeal period and chooses to work part-time.

The Board has remanded the Veteran's claims for additional development due to outstanding VA treatment records and further examination. The issues of service connection for a low back disability and an acquired psychiatric disorder, including PTSD and depression, are being reviewed.

The Veteran's claim for TDIU was denied as her service-connected disabilities do not render her unable to secure and follow a substantially gainful occupation.

The Board has determined that the Veteran's back and neck disabilities are related to his service, with the back disability being aggravated by service.

The Veteran's service-connected DDD of the lumbar spine is rated at 20 percent, and his radiculopathy of both lower extremities are each rated at 10 percent prior to November 23, 2015. The ratings remain unchanged as there is no evidence of more than mild incomplete paralysis.

The Veteran's appeal has been withdrawn due to his request for a hearing, and he now wishes to withdraw his appeals regarding the initial compensable rating for a chin scar and the reopening of previously denied claims for service connection for chipped teeth and a low back disability.

The Board has awarded a 40 percent rating for the service-connected lumbosacral strain, which meets the criteria as per VA regulations.

The Board found no evidence of in-service injury or disease that led to the Veteran's current knee, back, and headache conditions. The diagnoses were not incurred during service.

The Veteran's service-connected disabilities, including bilateral hearing loss and multiple other conditions, have rendered her unable to secure and follow a substantially gainful occupation. The AOJ has determined that she is entitled to TDIU on an extraschedular basis.

The Veteran's lumbar spine disability rating was reduced from 40 percent to 20 percent effective December 11, 2017. The Board finds that the reduction was not proper and void ab initio.

The Veteran's appeal involves multiple issues related to his service-connected degenerative joint disease of the thoracic and lumbar spine, including radiculopathy. The Board has remanded for additional development regarding the timing and severity of neurological manifestations.

The Veteran's appeals have been withdrawn. The Board has dismissed the appeal due to the withdrawal of all issues.

The Board has remanded the case for additional development due to inadequate medical opinions and incomplete record review.

The Veteran's service-connected cervical spine disability has been evaluated at a 20 percent rating since March 12, 2010. The Board finds that the evidence does not support an increase in this rating.

The Board has reopened the Veteran's claims for service connection for skin disorder, back disorder, headaches, muscle pain, and chronic fatigue syndrome. However, it found that new evidence did not establish a chronic undiagnosed illness or disability under Persian Gulf War criteria, thus denying these claims.