Back / lumbar spine Board decisions

The Veteran's appeal is being remanded due to the need for additional development and consideration of new evidence.

The Board has remanded the case due to incomplete records and missing service treatment records from Chanute Air Force Base and Brooks Air Force Base. The Veteran's claim for low back disability is being returned to the AOJ for further development.

The Veteran's left leg sciatic nerve impingement has been granted a rating of 20 percent, but no more. The Veteran's lumbar spine arthritis with intervertebral disc syndrome is still rated at 20 percent.

The Board has determined that the Veteran's lumbar spine disorder, including degenerative joint and disc disease of the lumbar spine, is secondary to his service-connected right and left knee chondromalacia patellae. The claim for a bilateral hip condition was denied as there is no current diagnosis of such.

The Veteran's service-connected disabilities, including PTSD, hearing loss, back condition, bilateral radiculopathy, and bladder dysfunction, render him unable to secure or follow a substantially gainful occupation. Therefore, the Board grants TDIU.

The Veteran withdrew his appeals for a rating in excess of 40 percent for intervertebral disc syndrome, L5-S1, with degenerative disc disease and low back pain with a history of leg pain and for a temporary total disability rating because of treatment for a service connected condition requiring convalescence.

The Board denied the Veteran's claims for service connection for COPD and bilateral hearing loss, but granted a noncompensable rating for his service-connected bilateral photophobia.

The Veteran's claim is being remanded due to the need for updated VA treatment records and a new examination to assess the current severity of his service-connected back disability.

The Veteran withdrew his appeal for a rating in excess of 20 percent for degenerative disc disease (DDD) of the lumbosacral spine, status post double laminectomy.

The Veteran's service-connected IVDS of the lumbar spine, sciatic nerve of the left lower extremity, and sciatic nerve of the right lower extremity have been granted increased ratings to 60 percent each.

The Veteran's appeal has been withdrawn due to his request for a final rating of 100% permanent and total.

The Veteran's PTSD is rated at the highest available rating of 70 percent, reflecting significant occupational and social impairment. The other service-connected conditions are not rated higher.

The Board has determined that the Veteran's lumbar strain does not warrant a rating in excess of 10 percent, as his range of motion and combined range of motion do not meet the criteria for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran's appeals for service connection have been withdrawn, and her claims for a left shoulder strain, low back disability, upper face numbness, diabetes, and bulimia are denied as there is no evidence of in-service injury or disease resulting in current disabilities.

The Veteran's multilevel DDD is currently rated at 20 percent, the highest available rating under DCs 5010-5243.

The Board has remanded the Veteran's claim for a lower back condition due to new evidence and an examination is needed. The initial rating claim for left ear hearing loss remains pending.

The Veteran's appeal for an earlier effective date for the grant of service connection for lumbar strain with degenerative changes L5-S1 with spondylitic spondylolisthesis was denied. The Board found that November 23, 2009 is the earliest possible effective date under applicable laws and regulations.

The Veteran's appeal is remanded for a new VA examination to determine the current severity of his service-connected lumbar spine disability, including any associated neurological impairments. The examiner should describe all symptomatology due to the Veteran's service-connected lumbar spine disability and record the results of range of motion on active and passive motion, in weight bearing and non-weight-bearing.

The Veteran's chronic lumbosacral strain has been rated at 20 percent since July 29, 2013. Prior to that date, the disability was rated as noncompensable.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are related to his active service, while a low back disorder is not. The Veteran's low back disability was not shown in service or within one year of separation, and there is no evidence of continuity of symptomatology since service.