Back / lumbar spine decisions — 2018

The Veteran's thoracic and lumbar spine degenerative arthritis is currently rated at 10 percent, which is the maximum schedular rating available under Diagnostic Code 5243. The Board finds no basis for a higher evaluation based on the evidence of record prior to June 8, 2017.

The Board has remanded the Veteran's claim for an initial disability rating in excess of 10 percent for lumbar disc disease prior to March 7, 2016 due to insufficient examination details and failure to address flare-ups.

The Veteran has withdrawn his appeal, and the Board does not have jurisdiction to review it.

The Board found that the Veteran's service-connected disabilities do not render her unable to secure and follow a substantially gainful occupation, thus denying her claim for TDIU.

The Veteran's appeal is being remanded due to the need for additional development and readjudication of his claim, including a new VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and conducting further medical examinations to determine the nature and etiology of his claimed low back, right ankle, and depression disabilities.

The Veteran's degenerative joint disease of the lumbar spine is currently rated at 20 percent since October 15, 2009. The Board found that it does not meet the criteria for a higher rating.

The Board has remanded the case for further development, including verification of service periods and VA examinations to determine the nature and etiology of the Veteran's lumbar strain and detached retina conditions.

The Board has remanded the Veteran's claims due to incomplete development and need for additional examinations.

The Veteran's claims are being remanded for additional examinations to determine the severity of his service-connected disabilities and for proper rating determinations.

The Board finds that the Veteran's current low back disability is related to his in-service injury and has granted service connection for degenerative joint disease of the lumbar spine.

The Veteran's cervical spine disability and upper extremity radiculopathy were granted service connection in December 2013 with initial evaluations of 20 percent each. The Veteran seeks earlier effective dates for these grants.,The Veteran also seeks service connection for depression, which was found to be secondary to his service-connected disabilities.

The Veteran's appeal involves multiple service-connected conditions, including asthma and various musculoskeletal issues. The Board has ordered additional development to obtain SSA records and translate Spanish documents.

The Board has granted service connection for a low back disorder and found that the Veteran's bilateral hearing loss and inguinal hernia residuals do not warrant compensable ratings.

The Veteran's claims for service connection for various conditions, including CLL, bilateral hearing loss and tinnitus, hypertension, headaches, GERD, lumbar spine disorder, shoulder disorders, hip disorders, leg disorders, and a psychiatric disorder are denied. The effective dates for the awards of service connection for bilateral hearing loss and tinnitus are not established as prior to January 23, 2014.

The Board has granted the Veteran's petition to reopen his claims for service connection for hypertension, bilateral hearing loss, and a low back disorder. The claim for service connection for a low back disorder is now substantiated as there is evidence of a current disability related to active service.

The Board has determined that the Veteran's lumbosacral spine disability, including as secondary to a service-connected right knee condition, was not incurred in or aggravated by service and denied his claim.

The Veteran's claim for a higher rating for his service-connected residuals of pelvic fracture and separation of symphysis pubis with low back pain has been denied. The Board found that the evidence did not show improvement in the disability under ordinary conditions of life and work, and thus no increase in disability was warranted.,The Veteran's TDIU claim is granted for the period from February 1, 2001 to October 20, 2006.

The Veteran's thoracolumbar spine disability is rated at 40 percent, effective from the initial date of service connection. The claim for TDIU remains pending.

The Board denied service connection for a back disorder, finding that the evidence did not support a link to service and considering the Veteran's statements and buddy statements. The decision is upheld as there was no clear and unmistakable error.