Back / lumbar spine Board decisions

The Board has remanded the claims for entitlement to increased ratings for low back disorder, flat feet, and skin rash due to insufficient evidence in some cases.

The Board has denied service connection for a back disability and remanded the issue of an initial increased rating for persistent depressive disorder with anxious distress.

The Board has remanded the Veteran's claims for service connection of his lumbar spine, left and right knee, right ankle, and right foot disabilities as secondary to his service-connected residuals of fracture of the left ankle with traumatic arthritis due to inadequate opinions from VA examiners.

The Board denied service connection for spondylolisthesis and degenerative disc disease, finding that the Veteran's preexisting conditions did not worsen during service.

The Board found that the evidence was at least in equipoise, granting service connection for the cause of the Veteran’s death due to his motor vehicle accident caused by medications taken for his service-connected anxiety disorder.

The Board has reopened the Veteran's claims for service connection for left ear hearing loss, low back disorder, cervical spine disorder, headaches, and prostate disorder. Service connection is granted for all conditions except prostate disorder due to lack of evidence linking it to herbicide exposure.

The Board has granted service connection for sleep apnea as secondary to service-connected bilateral pleural plaques. The claims for lumbar spine and left knee disabilities are remanded.

The Veteran's lumbar spine disability is denied for ratings in excess of 10% prior to July 11, 2016 and 20% afterwards. The Veteran's anxiety disorder is granted with a 30% rating from October 25, 2007 to November 18, 2011 and a 50% rating thereafter.

The Veteran's claims for service connection were denied, and the effective dates for awards of service connection were not granted earlier than specified.

The Board has remanded the Veteran's claims of service connection for bilateral knee osteoarthritis, arthritis of the lumbosacral spine, and bilateral hearing loss due to incomplete examinations and lack of consideration of relevant medical history.

The Veteran is granted a TDIU effective June 1, 2009 and DEA benefits effective June 1, 2009. The Board found the Veteran was unemployable due to her service-connected disabilities as of May 31, 2009.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment. The Board finds that the Veteran is currently employed as a maintenance engineer at St. Francis Medical Center, which does not render him unemployable due to his service-connected conditions.

The Board has decided that the Veteran's claim for nonservice-connected pension benefits is remanded due to insufficient evidence regarding his permanent and total disability status. A new examination is needed to assess these conditions.

Service connection for degenerative arthritis of the thoracolumbar spine is granted. An initial rating of 20 percent, but no higher, for stress incontinence prior to June 1, 2015, and a rating of 40 percent, but no higher, from June 1, 2015, is warranted.

The Veteran is granted TDIU, but the effective date for service connection of left lower extremity radiculopathy remains April 20, 2009.,The Board has found that a disability rating in excess of 40 percent for chronic low back pain with degenerative changes and service connection for bilateral upper extremity disability secondary to service-connected low back pain are both remanded.

The Veteran's service-connected disabilities meet the schedular requirements for a TDIU and it is unlikely that he can secure and follow substantial gainful employment due to his service-connected disabilities. The appeal regarding higher ratings for gout, low back disability, right knee disability, bilateral upper extremity peripheral neuropathy, bilateral lower extremity peripheral neuropathy, and urinary frequency are also remanded.

The Board has found that further development is necessary prior to appellate review of the claims on appeal, including for new VA examinations to properly assess the severity of each of the Veteran’s spine disabilities and related radiculopathy.

The Veteran's claim for a higher rating for his lumbar spine disability was granted, with an effective date of November 13, 2014. The previous 10% rating is maintained from the beginning of the claim to November 13, 2014.

The Veteran's service-connected lumbar spine and right knee disabilities are being remanded for further evaluation due to reported worsening symptoms.

The Veteran's depressive disorder, NOS is granted at a 70% rating since March 28, 2011. Other conditions are either denied or granted with specific ratings.