Back / lumbar spine Board decisions

The Board found that the Veteran's lumbosacral strain did not meet or approximate the criteria for a rating in excess of 20 percent prior to January 30, 2014.

The Veteran's radiculopathy of both lower extremities is related to her service-connected DDD of the lumbar spine, and she is granted service connection for these conditions.

The Veteran's tinnitus, hypertension, acquired psychiatric disorder, and sleep disorder are all found to be related to service. The lumbar degenerative joint disease, myofascial cervical syndrome, bilateral hearing loss, left ankle sprain with osteoarthritis and ligamentous instability, and right ankle sprain with osteoarthritis and ligamentous instability have been granted initial compensable ratings.

The Board has determined that the Veteran does not have a service-connected psychiatric disorder, heart murmur, right knee disability, left knee disability, low back disability, right ankle disability, or left ankle disability. The preponderance of evidence is against finding any relationship between these conditions and service.

The Veteran's low back disability is rated at 40 percent, effective October 1, 2010. The cervical spine disability is rated at 30 percent, effective October 14, 2013.

The Board has granted a 20 percent rating for the appellant's service-connected low back disability, rated as a spinal fusion with residuals, from June 8, 2009. The initial 10 percent rating is maintained prior to that date.

The Board has determined that the Veteran's back disability did not begin during service and is not shown by persuasive medical evidence to be linked to military service. Therefore, the claim for service connection for a back disability is denied.

The Board has determined that the Veteran's low back disability was not incurred or aggravated in service and denied his claim for service connection.

The Board denied entitlement to extraschedular ratings for the Veteran's back and left hip disabilities, finding that the schedular criteria adequately describe his disability levels.,The Board also found that the Veteran is not unemployable due to service-connected disabilities.

The Board has remanded the claims for additional development due to failure to schedule VA examinations and obtain relevant treatment records.

The Veteran's service connection claims for coronary artery disease, diabetes mellitus type two, and bilateral peripheral neuropathies are granted due to presumed exposure to herbicides in Vietnam.

The Board found that the Veteran's cervical and lumbar spine disabilities are not related to service, as there is no credible evidence linking these conditions to his military service. The most probative medical opinion concluded that any current upper or lower back disabilities were less likely caused by or a result of service.

The Veteran's PTSD has been granted an increased rating to 50 percent effective April 19, 2016. The Board also found that the Veteran is entitled to a TDIU as of July 19, 2016.,However, the Veteran was denied entitlement to a TDIU prior to July 19, 2016.

The Veteran's low back strain was rated at 20 percent prior to July 10, 2017, and at 40 percent since then. The right lower extremity neurological impairments associated with service-connected low back strain are currently rated as 10 percent disabling.

The Veteran's cervical spine disability is granted service connection. The lumbar spine disability is rated at 60 percent, but no higher. An effective date of February 20, 2009 for the TDIU is granted.

The Veteran's low back disability is rated at 40 percent since July 26, 2016. The claim for service connection for sleep apnea was denied.

The Veteran is seeking service connection for a back disability that he contends was incurred during active duty. The Board has ordered additional development to obtain in-patient treatment records and to determine if the Veteran currently has a back disability related to his military service.

The Veteran's appeal is being remanded due to the need for additional examinations and records to assess the current severity of his service-connected lumbosacral and cervical spine disabilities.

The Board has determined that additional development is needed, including scheduling the Veteran for an examination to address the etiology of his claimed disabilities. The appeal will be remanded to the AOJ.

The Veteran's appeal is being remanded for additional development, including obtaining his service records and verifying periods of active duty. He also needs to be scheduled for a VA examination regarding his foot disability.