Back / lumbar spine decisions — 2018

The Veteran's claim for higher ratings for his service-connected lumbar spine disability, radiculopathy of the left and right lower extremities were denied as there was no evidence to support a finding that the disability picture more nearly approximated the criteria for a higher rating under any applicable diagnostic codes.

The Board denied service connection for bilateral lower extremity radiculopathy and chest pain/myocardial infarction (MI) as secondary to the Veteran's service-connected conditions.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's service-connected disabilities are sufficiently severe to render him unable to maintain any form of substantially gainful employment consistent with his occupational background, and grants a TDIU.

The Veteran is entitled to a permanent and total service-connected disability rating based on individual unemployability since August 26, 2008. Effective January 13, 2011, the Veteran's TDIU claim was granted.

The Veteran's claim for increased ratings for his musculoskeletal low back condition to include degenerative disc disease (DDD) of the lumbar spine with spondylosis and associated radiculopathy was denied. The Board found that a rating in excess of 20 percent is not warranted since June 23, 2017.

The Veteran's claims for increased ratings were denied, with the exception of a granted 20 percent disability rating for right lower extremity radiculopathy.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's back disability. The appeal is now pending for further review.

The Veteran's right shoulder disability was rated at 20 percent prior to September 1, 2015, and the Board found that a higher rating is not warranted. After September 1, 2015, the Veteran's disability picture did not warrant a rating in excess of 30 percent.

The Veteran's appeal is being remanded for additional development, including obtaining his National Guard and Army Reserve service records, as well as any relevant STRs from the hospital in Germany. The claim for a left hip disorder will also be reconsidered due to outstanding medical records.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found that the Veteran does not have a current bilateral ankle disability. For his neck and back disabilities, as well as hypertension, service connection is denied due to lack of evidence linking these conditions to service or any presumptive exposure basis.

The Veteran's service-connected disabilities have resulted in a combined rating of 90 percent, which is sufficient to warrant a TDIU. The Veteran has been found unemployable due to his chronic migraine headaches and other service-connected conditions.,The Veteran was granted a TDIU based on the severity of his service-connected disabilities, including his migraines.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for back and right ankle disorders, including consideration of Agent Orange exposure.

The Veteran's lumbar spine disability was initially rated at 10 percent prior to June 6, 2013. From that date forward, the disability has been rated as 20 percent.

The Veteran was granted service connection for a lumbar spine disorder, but denied service connection for a cervical spine disorder. The Board found that the Veteran's back problems began in service and have continued since then, while his neck issues did not occur during service.

The Board has denied the Veteran's claims for service connection for Hepatitis C, and denied his claims for service connection for a back condition, cervical condition, PTSD, and major depressive disorder and/or generalized anxiety disorder. The issues of service connection for bilateral hearing loss, a back condition, a cervical condition, PTSD, and major depressive disorder and/or generalized anxiety disorder are pending.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA disability records and information regarding his TDIU claim.

The Veteran withdrew her appeals of the issues regarding service connection for low back and bilateral hip conditions.

The Board has remanded the case for additional development, including obtaining a medical opinion to assess whether the service-connected lumbosacral strain and right femur fracture residuals with leg length discrepancy resulted in an inability to exercise which contributed to the Veteran's death from ischemic cardiomyopathy.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, and the Board has granted a TDIU effective April 29, 2013.