Back / lumbar spine decisions — 2018

The Board has determined that the Veteran's low back disability, diagnosed as lumbar degenerative joint disease, degenerative lumbar disc disease, and lumbar spondylosis, is related to his service-connected left knee disability.

The Veteran's lumbar disc herniation and cervical strain have been rated based on their underlying conditions, not separately for radiculopathy.,Radiculopathy associated with the Veteran's service-connected lumbar and cervical spine disabilities has resulted in separate ratings.

The Veteran's appeal is remanded to schedule a new VA examination and determine the current severity of his lumbar spine disability. The Veteran seeks an increased evaluation for his lumbar spine disability, which was last evaluated in September 2012.

The Veteran's claim for a higher rating for his chronic lumbosacral strain was denied, as the evidence did not show forward flexion limited to less than 30 degrees. The TDIU claim was also denied due to lack of evidence showing he is unable to secure or follow substantially gainful employment.

The Veteran was granted a TDIU based on his service-connected left knee and low back disabilities, effective December 1, 2012. The appellant is eligible for payment of attorney fees from past-due benefits due to this award.

The Veteran withdrew the remaining claims for service connection for residuals of a neck injury, residuals of a low back injury, sinusitis and PTSD.

The Veteran's low back disability alone did not render him unemployable prior to October 29, 2012. The Board finds that the preponderance of evidence is against finding he was unemployable at that time.

The Board has determined that the Veteran's stroke residuals are not proximately due to or aggravated by his service-connected lumbar spine and right leg radiculopathy conditions.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining inpatient treatment records from Fort Benning hospital and clarifying the scope of his back disability claim. The AOJ will obtain an addendum opinion regarding the nature and likely etiology of all current back disabilities found.

The Veteran's claims for increased ratings were denied as her conditions did not meet the schedular criteria for higher evaluations.

The Veteran's lower back disability is currently rated at 20 percent, and his right ankle disability is rated at 10 percent. The Board found that the evidence does not support a higher rating for either condition during the appellate period. TDIU was denied as the Veteran is able to secure and follow substantially gainful employment.

The Board denied service connection for a low back disorder and BPH, finding that the Veteran's current conditions are not related to his military service or any service-connected disabilities.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that her preexisting condition did not worsen during periods of active duty and was instead due to natural progression.

The Veteran's Meniere's disease is rated at 60 percent since August 17, 2016. The cervical spine disability was initially granted a noncompensable rating prior to October 30, 2013, and then increased to 10 percent from that date until August 17, 2016, when it was raised to 20 percent. A temporary total evaluation is in effect following surgery for the cervical spine disability requiring at least one month of convalescence.

The Board has determined that there is no evidence linking the Veteran's current lumbar spine disability to his military service, and therefore denied the claim for service connection.

The Board has remanded the case for additional development due to an inadequate VA examination and requests for information from examiners.

The Veteran's appeal is being remanded due to his failure to appear for scheduled VA examinations. The issues of service connection for various conditions are being reviewed.

The Veteran's appeal has been withdrawn due to her request for withdrawal of the appeal.

The Board has reopened the Veteran's claim and granted service connection for a thoracic spine condition, finding that new evidence supports a link between his in-service injury and current symptoms.

The Board has reopened the claim for service connection for a back disability and granted it. The Veteran's other claims, including those for increased ratings, are remanded for further development.