Back / lumbar spine Board decisions

The Veteran's claim for service connection for an electric shock sensation at the fingertip with radiation up the right arm is denied. The appeal regarding a higher initial rating for his lumbar spine disability from June 27, 2009 to November 18, 2013 is also denied.

The Veteran's back disability has been rated as 40 percent disabling since June 23, 2014.,The Veteran's right radiculopathy of the sciatic nerve has been rated as 40 percent disabling since March 26, 2012. The Veteran also meets criteria for a TDIU rating due to his service-connected back disability and PTSD.

The Veteran's low back disability, depression disorder NOS, and chronic spinal headaches have been found to meet the criteria for a TDIU.,The Veteran has service-connected disabilities that combine to at least 70 percent disabling.

The Board has determined that the Veteran's service-connected disabilities prevent him from securing or maintaining more than marginal employment, and thus grants a total disability rating based on individual unemployability (TDIU).

The Board has remanded the claims of service connection for a lumbar spine disability, hypertension, and an acquired psychiatric disorder due to inadequate opinions from VA examiners. The Veteran is seeking service connection for these conditions based on his active duty service.

The Veteran's claim for service connection for lumbar DDD as secondary to right knee disorders was denied. The claim for bilateral hip disability as secondary to right knee disorders is remanded.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete records and need for further development of evidence, particularly regarding his service-connected seborrhea of the scalp.

The Veteran's claims for knee, respiratory, eye, and low back disabilities have been remanded due to insufficient evidence. The Board will seek further medical opinions on the etiology of these conditions.

The Board has granted service connection for a bilateral shoulder disorder, low back disorder, and bilateral knee disorder. The disorders are found to be at least as likely as not related to the Veteran's in-service parachuting landings.

The Board has decided to remand the Veteran's claim for a back disability due to insufficient consideration of his service history and medical records, as well as an unclear opinion regarding whether his pre-existing condition was aggravated by service.

The Veteran's claims for increased ratings for lumbar strain and left shoulder pain have been denied as the evidence does not support a higher rating under applicable diagnostic codes.

The Board has decided that a remand is necessary to obtain additional evidence regarding the Veteran's right foot pes planus and low back disability, as her previous VA examination did not address these issues adequately.

The Veteran's low back degenerative disc disease was granted a 40% evaluation from April 19, 2011 to March 22, 2017. The Board found that the symptoms associated with his disability more closely approximated the criteria for a 40% evaluation during this period.

The Veteran's appeal for a disability rating in excess of 20 percent for low back disability is dismissed. The appeals for service connection for left arm and hand, and right arm and hand are remanded.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for various conditions are denied as the evidence does not support her contention that these conditions were caused by VA negligence or lack of care.

The Veteran's asthma has been rated at 10 percent since November 18, 2008. The Board finds that the effective date for this rating should be changed to November 18, 2008 when he was prescribed an inhaler. The issues of service connection for lumbar spine disorder and hypertension are remanded due to incomplete records.

The Board denied recoupment of the Veteran's disability severance pay because his back disability was not incurred in combat, and thus did not meet the criteria for recoupment under applicable regulations.

The Board found that the Veteran's preexisting lower back disability was aggravated by active service and granted service connection for this condition.

The Veteran's appeal for a higher initial rating for his lumbar spine disability was denied because the notice of disagreement was not filed within one year of the September 2009 rating decision.

The Veteran's service-connected lumbar spine and right knee disabilities are being remanded for further evaluation due to the need for updated treatment records and a new VA examination.