Back / lumbar spine Board decisions

The Board denied a total disability rating based on individual unemployability (TDIU) prior to November 12, 2010 because the Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Board has remanded the Veteran's claims for left knee arthritis and lumbar spine degenerative disc disease due to incomplete examinations. The Veteran will need to undergo new VA examinations to determine the current severity of his conditions.

The Board has granted service connection for hypothyroidism, cardiomyopathy, and a lumbar spine disability as secondary to the Veteran's service-connected squamous cell carcinoma (SCC) disability. The maximum rating of 90% is also granted for the left hip disability.

The Board has remanded the claims of COPD, bronchial asthma, and TDIU due to service-connected disabilities. The low back disability claim is also being remanded for a VA examination.

The Veteran's TDIU claim was denied as the evidence did not show he is unemployable due to his service-connected disabilities.

The Veteran's bilateral foot disability is granted as service connected. The Veteran's back disability is denied as not being related to his active duty service.

The Board has remanded the Veteran's claims for service connection and increased rating for his right knee disorder, lumbar spine spondylosis, and left knee patellofemoral syndrome due to inadequate VA examinations. The claims are now pending again with the AOJ.

The Board denied the Veteran's claim for service connection for a left hip and pelvis disability, finding that his current condition clearly and unmistakably preexisted military service and was not aggravated by it. The appeal is also remanded for further examination of the Veteran's thoracolumbar spine disability.

The Board has granted service connection for the Veteran's right knee disability and denied service connection for his lumbar spine and left knee disabilities. The case is remanded to assign an initial rating for the right knee disability and adjudicate a claim for TDIU.

The Veteran's claim for a separate rating of 20 percent for radiculopathy of the right lower extremity is granted. The claim for an increased rating in excess of 20 percent for low back disability, and claims for initial ratings in excess of 10 percent for painful residual scars and nonpainful residual scars are denied. The Veteran's claim for a separate rating of 40 percent for radiculopathy of the left lower extremity is granted. The claim for an initial rating in excess of 20 percent for radiculopathy of the left lower extremity is denied. The Veteran's claim for an initial rating in excess of 70 percent for psychiatric disorder is granted.

The Board has decided to remand the claims for service connection due to insufficient evidence, particularly regarding the Appellant's periods of active duty and inactive duty training (IDT) service. The case will be returned to the AOJ for further development.

The Board denied service connection for a cervical spine disorder and denied increased ratings for the lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The Veteran was granted a total disability rating based on individual unemployability from April 4, 2012.

The Veteran's degenerative disc disease of the lumbar spine, trochanter bursitis of the right hip, peritoneal mesothelioma, and early menopause are all granted service connection. The issue of service connection for depression is remanded.

The Veteran's claims for increased ratings and service connection have been remanded due to insufficient evidence. The initial rating for thoracolumbar spine strain with degenerative joint disease remains denied, as does the compensable rating for right shin splints. Service connection for left shin splints is also remanded.

The Board has remanded the Veteran's claims for additional development, including obtaining a VA medical opinion regarding his sleep apnea and scars. The TDIU claim is also raised.

The Veteran's appeal for an increased evaluation of tinnitus is dismissed. The claim to reopen service connection for a low back disability is allowed, but the case is remanded for further development.

The Veteran's service-connected migraines are now rated at 50 percent, effective from the date of the decision. The claims for increased ratings for cervical strain and thoracolumbar strain remain pending, as does the claim for an increased rating for bilateral plantar fasciitis.

The Veteran's appeal is remanded due to the need for additional examinations and evidence. The initial evaluation for cervical spine disability remains denied, while an initial evaluation higher than 20 percent for lumbar spine disability is remanded.

The Board has remanded several issues related to the Veteran's service connection claims due to insufficient evidence or inadequate examinations.

The Veteran's low back disability, diagnosed as degenerative joint disease of the lumbar spine, is considered to have started in service and has continued since then. The Board found that there was a continuity of symptoms from service to present day, meeting one of the criteria for service connection.