Back / lumbar spine Board decisions

The Veteran's lumbar and thoracic spine disability has been rated at 20 percent, but the Board found that it did not meet or approximate the criteria for a higher rating based on the evidence of record.

The Veteran's thoracolumbar spine DJD is currently rated at 20 percent from May 13, 2013. The claim for a higher rating prior to that date remains denied.

The Board has remanded the Veteran's claims due to incomplete development, including a need for an examination regarding his claimed acquired psychiatric disorder and additional VA examinations for his service-connected lumbar spine, lower extremity radiculopathy, and knee disabilities.

The Veteran's claim for a rating in excess of 40 percent for his lumbar spine disability was denied. The Board found that the evidence did not show ankylosis or IVDS treated by bed rest, which are required for a higher rating under the General Rating Formula for Diseases or Injuries of the Spine. The Veteran's claim to reopen his service connection claim for depression and knee disabilities is pending as the SOC has not been issued yet.

The Board has determined that the Veteran's low back disability and bilateral hand disability are not service-connected.,There is no evidence of a chronic condition or injury during service, nor any post-service continuity of symptomatology.

The Veteran's left knee tendonitis and degenerative disc disease of the lumbar spine have been evaluated, but service connection for these conditions cannot be established as they are not shown to be related to his military service. The Veteran's TDIU claim is also denied.

The Veteran's appeal is granted, with an SMC under 38 U.S.C. § 1114(s) and a separate evaluation for left knee instability added to his current rating. The issues of increased evaluations for the left femur and right elbow disabilities are also addressed.

The Veteran's service-connected disabilities have rendered him unable to maintain substantially gainful employment since November 30, 2007.

The Veteran's acquired psychiatric disorder was not incurred by service nor caused or aggravated by his service-connected low back disability. The Veteran's service-connected disabilities do not meet the schedular requirements for TDIU.

The Board denied service connection for a low back disorder, finding that the evidence did not support a link between current symptoms and military service.,Service connection was also denied for left and right knee disorders. The examiner noted no medical records indicating any knee conditions during or after service.

The Board found that the Veteran's lumbar spine disorder is not caused or aggravated by his service-connected bilateral knee disabilities, and therefore denied his claim for secondary service connection.

The Veteran's service-connected disabilities are so severe that they preclude him from obtaining and maintaining substantially gainful employment, warranting a TDIU.

The Veteran's appeals have been withdrawn, and the Board is dismissing all issues on appeal.

The Board has determined that the Veteran's right shoulder and left shoulder disabilities are not related to service or a service-connected disability.,However, the Veteran's low back disorder is considered incidental and as likely as not related to advancing age rather than his in-service injuries.

The Board has determined that a rating of 20 percent is warranted for the Veteran's service-connected mechanical low back pain, as it most closely approximates the criteria for such a rating based on functional loss due to pain and weakness.

The Board denied the Veteran's claims for service connection for diabetes mellitus, type 2, a low back condition (claimed as sore back), and infections of the skin of the feet, to include athlete's foot and onychomycosis. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board has remanded the case for further development and readjudication due to new evidence submitted by the Veteran.

The Board denied the Veteran's claims for increased rating for his lumbar spine disability prior to May 8, 2015 and service connection for bilateral knee disability. The claim for increased rating was granted as 20 percent disabling from May 8, 2015.

The Veteran's appeals for service connection for various conditions have been dismissed due to withdrawal of the claims by the Veteran.,New and material evidence has been received to reopen a claim for an acquired psychiatric disorder, but the claim remains denied.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's cervical spine, lumbar spine, and sinusitis/rhinitis disabilities are related to service. The claims for these conditions have been granted.