Back / lumbar spine decisions — 2018

The Board has determined that the Veteran's current left leg and low back disorders are not service-connected, as they were either pre-existing conditions or did not develop during his military service.

The Veteran's lumbar spine disability is currently evaluated at a 20 percent rating, and the Board finds that this rating is appropriate given the evidence of record.

The Board has granted service connection for bilateral radiculopathy, lumbar strain and cervical strain effective from August 29, 2008, resulting in the award of $83,922.46 in VA benefits. The attorney's fees were withheld at a rate of 20% based on these past-due benefits.

The Board has determined that the Veteran's claim for increased ratings for his thoracolumbar spine disability is being remanded to allow for additional development of the evidence.

The Veteran has withdrawn her appeal, and the Board does not have jurisdiction to review the appeal.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of his medical records.

The Veteran's claims for increased ratings and service connection were denied. The claim to reopen the left shoulder disability was granted, but no new rating is assigned as his current 20% rating adequately compensates him.

The Board has denied the Veteran's claims for service connection for post-operative lumbar fusion and arrhythmia, including as secondary to herbicide exposure. The Board found that there was no evidence of an in-service injury or disease related to these conditions, and that presumptive service connection is not available due to lack of herbicide exposure.

The Veteran's cervical spine degenerative disc disease was restored to a 20% rating from February 1, 2014 through April 13, 2015.,The Veteran's right upper extremity radiculopathy remains at a 0% rating.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's low back disability, including obtaining treatment records from Dr. P.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed low back disability and skin condition of bilateral feet/legs. The case will be returned to the AOJ for further action.

The Veteran's low back disorder was not incurred in or aggravated by service, and may not be presumed to have been so incurred or aggravated. The criteria for a separate 10 percent disability rating for multiple noncompensable service-connected disabilities were not met.

The Board has remanded the case for further development due to incomplete records and a need to review the Veteran's medical history.

The Veteran's service-connected lumbar spine degenerative disc disease was not manifested by forward flexion of the thoracolumbar spine to 30 degrees or less, and no ankylosis was found. The claim for a higher evaluation is denied.

The Veteran's appeal is denied as his claims for increased ratings and service connection are not supported by the evidence of record.

The Board found that there is no evidence of a low back disability in service or within one year post-service, and the Veteran's current lumbar degenerative disc disease and arthritis are not causally related to his service-connected cervical spine condition. The claim for increased ratings was denied as well.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, warranting a TDIU.

The Board finds that the Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and thus denies his claim for a TDIU.

The Veteran's radiculopathy of the left and right lower extremities has been rated at 20 percent since April 7, 2009.,Since July 29, 2016, the Veteran's radiculopathy of the left and right lower extremities has been rated at 40 percent.

The Board has determined that the Veteran's back disability is related to his active service and granted service connection for this condition. The GERD issue remains pending as a new VA examination is required due to potential presumptive service connection under Gulf War criteria. The bilateral shoulder condition issue also requires further development, including a VA examination.