Back / lumbar spine Board decisions

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since June 4, 2010.

The Board has remanded the Veteran's claims for service connection and increased rating of his left ankle disability, as well as his claim for a TDIU due to inextricably intertwined issues.

The Veteran's left knee disability is not service connected, and his right knee disability does not cause or aggravate his left knee disability.,The Veteran meets the schedular criteria for a TDIU as of April 16, 2010.

The Board found no evidence of a lower back condition during or within one year after service, and the Veteran's current condition is not shown to be related to his military service. The Veteran's TDIU claim was also denied as his disabilities do not prevent him from securing or following a substantially gainful employment.

The Board has remanded the case for a VA medical addendum opinion to determine if the Veteran's low back disability is related to his active service.

The Veteran's claim for a higher rating for her degenerative arthritis of the lumbar spine was granted, with an effective date of August 9, 2016. The claims for service connection for radiculopathy and TDIU were also granted, with effective dates of February 26, 2010.

The Veteran's service-connected disabilities, including chronic low back pain, radiculopathy of the lower extremities, and degenerative arthritis of the right knee, render him unable to secure or follow a substantially gainful occupation.

The Board has granted service connection for a low back disability.

The Board found that the Veteran's spondylolisthesis and degenerative disc disease of the lumbar spine warranted a disability rating of 40 percent, which is the highest available under the General Rating Formula for Diseases and Injuries of the Spine. The appeal was denied as there were no incapacitating episodes requiring bed rest prescribed by a physician.

The Veteran's claims for increased evaluation and TDIU have been denied. The effective date of the grant of service connection for lumbar strain remains June 29, 2009.

The Veteran's lumbar spine disability was found to be manifested by forward flexion greater than 60 degrees and a combined range of motion greater than 120 degrees, without muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. The Board determined that the criteria for higher ratings were not met.

The Veteran's low back disability, including right and left lumbar radiculopathy, is rated at 20 percent since December 30, 2008. The rating reflects the limitation of motion and pain without incapacitating episodes or ankylosis.

The Veteran's lumbar spine DDD is rated at 20 percent effective September 21, 2009. His right lower extremity radiculopathy is rated at 10 percent effective the same date.

The Veteran withdrew his appeal regarding the issue of entitlement to an initial rating in excess of 10 percent prior to June 18, 2014, in excess of 20 percent from June 18, 2014 to April 26, 2017, and in excess of 40 percent thereafter for multilevel degenerative changes of the lumbar spine.

The Board has granted service connection for tinnitus, but the hearing loss and low back disorder claims are remanded due to need for additional development.

The Board has determined that it is as likely as not that the Veteran's obstructive sleep apnea began in service, and thus grants service connection for this condition. The issue of an increased rating for lumbar strain remains pending.

The Board has determined that the reductions of ratings for back and neck disabilities were improper, and restored the original ratings. The Veteran is also granted entitlement to TDIU based on his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to determine the current severity of his service-connected right ankle disability. Additionally, new medical opinions are needed to assess whether his claimed low back disability, left ankle disability, bilateral hip disabilities, and bilateral knee disabilities are caused or aggravated by his service-connected right ankle disability.

The Veteran's appeal is being remanded for additional development and adjudication, including obtaining medical records and scheduling VA examinations to address the etiology of his bilateral foot disability, right shoulder disability, and low back disability.

The Veteran's appeal for increased ratings in regard to his service-connected back, right shoulder, and left knee disabilities is being remanded due to the submission of new evidence that has not yet been reviewed by the AOJ.