Back / lumbar spine decisions — 2019

The Veteran's initial claim for a 10 percent disability rating for his low back disability was granted effective February 12, 2007. The rating was increased to 40 percent from February 23, 2010.

The Board has remanded the cases due to insufficient medical evidence regarding the Veteran's reported disabilities and their relationship to service.

The Veteran's back disability was rated at 10 percent since December 23, 2002. The claim for an increased rating is denied as the evidence does not support a higher rating.

The Board has reopened the claims for service connection of a back condition, left knee condition, and an acquired psychiatric disability. The new evidence received is sufficient to reopen these claims but does not establish service connection.

The Veteran's service-connected disabilities, including his back and leg conditions as well as hip conditions, prevent him from securing or following substantially gainful employment. The Board has granted TDIU based on this finding. However, the issue of service connection for an acquired psychiatric disorder remains pending and requires further examination.

The Veteran's service-connected mechanical low back pain with degenerative changes and major depressive disorder have been granted increased ratings of 40 percent and 70 percent, respectively.

The Veteran's initial claim for a higher rating for lower back disability was granted, and he is now receiving a 20 percent rating effective July 9, 2003. The Board has determined that the evidence does not support an increased rating prior to March 9, 2016, but a rating of 40 percent or higher since then is denied.

The Board has remanded the Veteran's claims for service connection and increased evaluations due to incomplete records, including a lack of sleep study documentation. The Veteran is also seeking earlier effective dates for his radiculopathy disabilities.

The Veteran's claim for an earlier effective date for the grant of service connection for hypertension is denied. The claims for separate ratings for right and left lower extremity radiculopathy prior to November 9, 2012 are also denied. An initial 30 percent rating, but not higher, for adjustment disorder with depressed mood is granted.

The Board has determined that additional development is needed before the claims can be adjudicated, including obtaining updated VA Form 21-8940 from the Veteran and scheduling him for a VA examination to assess his service-connected lumbar spine disability and lower extremity sciatica. The TDIU claim is also inextricably intertwined with the increased rating claims.

The Board has determined that the Veteran's claim of entitlement to service connection for migraine headaches was received on April 7, 2014, more than one year following his separation from active service. The effective date is fixed in accordance with the facts found but shall not be earlier than the date of receipt of application therefore.

The Board has reopened the Veteran's claim of service connection for a low back disability due to new and material evidence. However, it is determined that the current low back disability did not begin during active service or is otherwise related to an in-service injury.

The Board denied the Veteran's claim for service connection of a chronic lumbar spine disability, finding that there was no evidence showing it is related to active service.

The Veteran's petition to reopen claims for service connection for lumbar strain with arthritis and meralgia paraesthetica was granted.,The Veteran’s claim for a left hip condition is denied.

The Veteran's TDIU claim is granted effective June 1, 2011, the date of his separation from service. The decision was based on his service-connected disabilities and their impact on his ability to work.

The Board denied service connection for Personality Disorder, Left Leg Disability (including residuals of a horseback injury), Back Disability, Skin or Groin Disability, and Residuals of Head Injury as the evidence did not support a finding that these conditions began during service or were otherwise related to an in-service injury, event, or disease.

The Veteran's claim for a higher rating for her back disability was denied as the evidence did not show that her condition required prescribed bed rest, functionally limited forward flexion of lumbar spine to 30 degrees or less, or resulted in ankylosis in lumbar spine.

The Veteran's right wrist disability is rated at 10 percent, and the Board denied a higher rating. The Veteran was granted TDIU based on his service-connected disabilities.

The Board denied service connection for cervical and lumbar spine arthritis, finding that the conditions were not incurred in or aggravated by service, including as secondary to a service-connected bilateral knee condition.

The Veteran's appeal for restoration of a 40 percent rating for lumbosacral strain and higher initial ratings for unspecified depressive disorder (previously characterized as adjustment disorder with mixed anxiety and depressed mood) has been dismissed due to the withdrawal request by the Veteran’s attorney.