Back / lumbar spine Board decisions

The Board denied reopening of the claim for service connection for a back disability due to lack of new and material evidence, as post-service medical records do not show any pre-existing back disability prior to 1975.

The Veteran's initial claim for a higher rating for his service-connected lumbar spine disability was granted, with an effective date of March 12, 2015. The current rating is 40%.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for higher ratings under the applicable rating codes, except for a 40 percent rating being granted beginning February 11, 2016, for thoracolumbar spine DJD.

The Board has remanded the Veteran's claims for service connection for left shoulder and low back disabilities due to incomplete records. The case will be returned to the AOJ for further development.

The Board has reopened the Veteran's claims for service connection for various conditions, but has remanded them for further development and examination.

The Board has determined that further assistance is necessary to properly adjudicate the issues on appeal, including obtaining updated VA medical records and scheduling a new examination for both lumbar spine disability and RLE radiculopathy.

The Veteran's low back strain and cervical spine fusion are not rated higher than the current levels.,The Veteran did not meet criteria for a temporary total rating or SMC based on housebound status.

The Veteran's service-connected disabilities, including COPD, neck disability, and back disability, have rendered him unable to secure or maintain substantially gainful employment. The Board has remanded the case for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's service connection for major depressive disorder is granted. Increased ratings are granted for his low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy from May 27, 2016. A TDIU determination is granted.

The Board has remanded the case due to lack of recent medical records and requests for authorization from healthcare providers who have treated the Veteran's lumbar spine disability since October 1998.

The Board has remanded the case due to insufficient examination reports and requests for an appropriate examination to determine the current severity of the Veteran's service-connected lumbar strain with mild degenerative changes in facet joints at L5-S1.

The Veteran's claim for service connection for hearing loss was denied as there is no evidence of current hearing impairment meeting VA criteria.,The Veteran's TBI was evaluated at a 40 percent rating, with an additional 100 percent evaluation for PTSD. The headaches were separately rated at 50 percent effective August 16, 2016.

The Board has granted the reopening of claims for service connection for bilateral shoulder and knee disorders, but denied all other service connection claims due to lack of evidence linking current disabilities to service or Gulf War exposure.

The Veteran's appeals for higher ratings in excess of 20 percent for his low back disability and right and left lower extremity sciatic radiculopathy have been dismissed as he withdrew the appeal prior to a decision.

The Veteran's claim for service connection for a left eye condition is denied as he does not have a current diagnosis of such.,For the back disability, the Veteran’s symptoms do not meet or approximate the criteria for a rating in excess of 20 percent under any applicable diagnostic code. The maximum rating authorized by law is 20 percent.,The claim for an increased evaluation for tinnitus is denied as it does not warrant a rating in excess of 10 percent.,For restrictive airway disease, the Veteran’s manifestations do not meet or approximate the criteria for a disability rating in excess of 30 percent under any applicable diagnostic code. The maximum rating authorized by law is 30 percent.,The claim for an increased evaluation for hemorrhoids is denied as it does not warrant a rating in excess of 20 percent under any applicable diagnostic code. The maximum rating authorized by law is 20 percent.,For PTSD, the Veteran’s symptoms do not meet or approximate the criteria for a disability rating in excess of 70 percent under any applicable diagnostic code. The maximum rating authorized by law is 70 percent.,The claim for an earlier effective date for service connection for bilateral hearing loss is denied as there are no legal grounds to grant such.

The Board has granted a 10 percent rating for low back strain from July 22, 2010 to July 19, 2013. The left knee disorder claim is remanded due to the need for additional medical opinions and records.

The Veteran's appeal has been dismissed because he died during the pendency of his appeals for service connection for various disorders.

The Veteran's lumbar spine disability was granted a 40% rating from December 5, 2000 to December 12, 2002. For the period after December 12, 2002, an increased rating in excess of 40% for the lumbar spine disability is denied. Effective dates prior to January 28, 2009 are denied for service connection of right and left lower extremity radiculopathies. SMC at the housebound rate was granted from January 28, 2009 to September 1, 2017.

The Veteran's appeal for service connection for low back disability and psychiatric disorder has been dismissed as he withdrew his appeal before the Board.

The Board has remanded the claims for lumbar disability, left arm disability, right shoulder strain, right wrist degenerative joint disease, left foot disability, and right foot disability due to new evidence received since the November 2009 rating decision.,Your current claim of service connection for a left arm disability is denied as there is no currently diagnosed condition. The Board found that your left arm was normal at separation from service.