Back / lumbar spine decisions — 2019

The Board has dismissed the appeal for an increased rating for degenerative disc disease of the lumbar spine as the Veteran withdrew his appeal. The case is remanded for further development regarding service connection for sleep apnea.

The Veteran's low back disorder was rated at 40 percent prior to November 30, 2010. The Board denied a higher rating as the evidence did not show ankylosis or incapacitating episodes.,Prior to September 4, 2018, the Veteran’s left lower extremity radiculopathy was rated at 40 percent due to moderate severe incomplete paralysis of the sciatic nerve. The rating was granted.

The Veteran's claim for a rating in excess of 40 percent for DDD of the lumbar spine is denied as there is no evidence of ankylosis or IVDS, and the preponderance of the evidence does not support a higher rating.

The Board dismissed the appeals for ratings in excess of 40 percent for a lumbar strain and right knee disability, as well as service connection for right hip pain and neck pain due to the Veteran's death.

The Board has determined that the Veteran does not have current diagnoses for any of the claimed conditions, and therefore service connection is denied.

The Veteran's appeal for an increased rating for his service-connected back disorder was dismissed because he withdrew the appeal after receiving a 100 percent schedular disability rating.

The Veteran's back disability was rated at 10 percent from December 20, 2011 until March 9, 2016. The Board has granted a 20 percent rating for this period and has remanded the issue of entitlement to a higher rating.

The Veteran's service-connected lumbosacral strain with degenerative disc disease and degenerative arthritis was found to be at its worst prior to August 23, 2017, when he had forward flexion of the thoracolumbar spine to 80 degrees. The Board determined that this did not warrant a higher disability rating.

The Veteran's applications to reopen claims for service connection for TBI with headaches and memory loss, and a back disability were denied. The Board found that the new evidence did not raise a reasonable possibility of substantiating the claims.

The Veteran's TDIU claim is remanded due to the presence of unemployability caused by his service-connected low back disability and associated left lower extremity radiculopathy, as well as other non-service connected conditions.

The Board has reopened the Veteran's claims for service connection for low back pain and bilateral knee pain, but finds that further development is needed to determine if these conditions are related to his military service.

The Board has determined that the Veteran's current low back disability is not related to his military service and denied his claim for service connection.

The Veteran's claims for higher ratings for his lower back and right thumb disabilities have been denied.,His claims for service connection for bilateral hearing loss and tinnitus have been remanded.

The Board has determined that the Veteran's claims for increased ratings and earlier effective dates are remanded due to the need for additional examinations to assess the current severity of his service-connected conditions.

The Board has remanded the case due to inadequate VA examinations and outstanding vocational rehabilitation records. The Veteran's low back strain disability is being evaluated for increased ratings.

The Veteran's service connection claims for recurrent herniated lumbar disc with spinal instability and an acquired psychiatric disorder to include mood disorder NOS (claimed as PTSD) have been granted. The claim for increased rating for residuals of neck injury is still pending.

The Board has decided that the Veteran's degenerative disc disease of the lumbar spine is service-connected. However, due to insufficient evidence regarding his cervical spine condition, the case is remanded for further examination and opinion.

The Veteran's service-connected disabilities prevented him from retaining substantially gainful employment as of January 12, 2013.

The Board has remanded the Veteran's claims due to insufficient medical records from his period of active duty for training (ACDUTRA) and the need to obtain additional private treatment records.

The Board has denied the Veteran's claims for service connection for a lumbar spine condition, radiculopathy of the lower extremities, and a psychiatric condition. The evidence does not support a nexus between these conditions and service.