Back / lumbar spine Board decisions

The Board has remanded the Veteran's claim due to his incarceration and inability to attend scheduled VA examinations. The case is now pending for further development.

The Board found that the Veteran's combined rating for his service-connected disabilities (40% for lumbar spine intervertebral disc syndrome with degenerative arthritis of the spine and 10% for bilateral lower extremity radiculopathy) did not meet the schedular threshold for TDIU. The Director denied entitlement to a TDIU on an extraschedular basis, concluding that it was possible he could be substantially gainfully employed in a sedentary occupation.

The combined effect of the Veteran's service-connected disabilities has rendered him unemployable/unable to secure and follow a substantially gainful occupation, meeting the schedular requirements for TDIU eligibility.

The Board has reopened the Veteran's claims for service connection for a low back disability and bilateral hearing loss, and finds that there is at least equipoise evidence in favor of these conditions being related to service. The Veteran's other neurological disabilities are also found to be related to service.

The Veteran's erectile dysfunction, low back disability, left knee disability, right wrist disability, bilateral hearing loss, and sleep disorder are all granted as service-connected.

The Veteran's appeal is remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.

The Board denied the Veteran's claims for service connection for a low back disability, initial evaluations for anxiety disorder NOS and depressive disorder NOS prior to September 3, 2015, and PTSD beginning September 3, 2015. The Veteran was also denied TDIU.

The Veteran's back disability necessitated a temporary total rating through January 26, 2012. The Board granted an extension of the temporary total rating to January 26, 2011.

The Board has remanded the case for additional development, including obtaining a supplemental medical opinion and a VA examination to address the Veteran's cervical spine disability. The appeal will be returned to the Board after further consideration.

The Board has determined that the Veteran's appeal for a rating in excess of 10 percent for tinnitus was withdrawn. The claims for service connection for bilateral knee and elbow disabilities, as well as migraine headaches, secondary to service-connected conditions, have been denied due to lack of credible evidence linking these conditions to service or service-connected disabilities.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claims for increased ratings for his service-connected left lower extremity sciatica and PTSD are being remanded due to the receipt of additional evidence.,The Veteran's claim for an increased rating for his service-connected lumbar spine spondylosis is being remanded due to the receipt of additional evidence.,The Veteran's claims for increased ratings for his service-connected right knee patellofemoral syndrome and headaches are being remanded due to the receipt of additional evidence.,The Veteran's claim for an initial disability rating in excess of 10 percent for his service-connected residuals of a traumatic brain injury is being remanded due to the receipt of additional evidence.,The reduction in rating for a right ankle disorder from 10 percent to a noncompensable rating was proper, and this portion of the appeal period is no longer before the Board.

The Board granted service connection for coronary artery disease post myocardial infarction and assigned a 10 percent evaluation, effective July 2, 2005. The Veteran's calcaneal spur of the right heel (claimed as tendonitis of the right heel) and right ankle disability were also found to be related to his service.

The Board has reopened the Veteran's claims for service connection for low back disability, asthma, and an acquired psychiatric disability (PTSD and anxiety), finding new and material evidence. The appeals are granted to this limited extent.

The Board has granted initial ratings of 20 percent for radiculopathy of the right and left lower extremities, effective from June 24, 2014.

The Board denied service connection for a low back disorder as secondary to the Veteran's service-connected left ankle disability and denied an increased rating for anxiety disorder. The evidence did not support a finding of causation or aggravation.

The Veteran's service-connected lumbar spine DJD with facet syndrome was granted a 40 percent rating effective from June 24, 2014. The disability is characterized by pain and limited motion without ankylosis or incapacitating episodes.

The Board has determined that the Veteran's back disability warrants a rating of 20 percent effective June 2, 2016.

The Board has ordered a remand to obtain the appellant's Worker's Compensation and SSA records, schedule an appropriate VA examination for his back condition, and determine if there is a nexus between his service and his current disability.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling a VA examination to assess the severity of his low back disability. The TDIU claim will also be referred for consideration on an extraschedular basis.