Back / lumbar spine Board decisions

The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment prior to May 22, 2012.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and Social Security Administration records. The Veteran's representative suggested an addendum opinion regarding his GERD claim.

The Veteran's low back strain and radiculopathy of the left lower extremity were evaluated, but his claims for increased ratings were denied as they did not meet the criteria for higher evaluations under VA rating criteria.

The Veteran's tinnitus is likely related to his period of active service, and the Board finds service connection for tinnitus is warranted.

The Veteran's service-connected low back disability is rated at 40% from December 2, 2011. The Board found that the evidence did not support a higher rating for his sleep disorder.

The Board denied the Veteran's claims for service connection for various conditions, including pseudofolliculitis barbae, acquired psychiatric disability, bilateral knee and hearing loss, burn scar disability, obstructive sleep apnea, TBI, high blood pressure, back disability, and tinnitus. The effective date for the grant of service connection for pseudofolliculitis barbae was not earlier than September 27, 2012.

The Board denied service connection for a lumbar spine disorder and bilateral lower extremity lumbar radiculopathy, finding that the evidence did not support a link to military service. The Veteran's TDIU claim was also denied.

The Veteran's claim for a higher disability rating for her service-connected degenerative disc disease of the lumbosacral spine with stenosis is being remanded due to the need for additional development, including a comprehensive VA orthopedic examination.

The Veteran's appeal of increased ratings for his service-connected disabilities was withdrawn. The claim for headaches, to include migraines, is denied as there is no evidence that the current headache disorder began during or is related to service.

The Board has determined that there is no evidence of a nexus between the Veteran's current cervical spine, low back, bilateral hip, and upper extremity neuropathy disabilities and his military service. The repetitive lifting and handling of heavy objects during active duty are not considered to have caused or aggravated any of these conditions.

The Board has denied the Veteran's claim for a higher rating for her lumbosacral spine disability, finding that the evidence does not support a rating in excess of 20 percent. The issue of entitlement to TDIU based on major depressive disorder remains pending.

The Veteran's claim for an increased rating for his low back strain was granted, with a current evaluation of 20 percent. The claim for a separate compensable rating for right lower extremity radiculopathy associated with the low back strain is part and parcel of this claim.

The Board has determined that a remand is necessary to obtain an adequate VA examination and opinion regarding the Veteran's lumbar spine disability, as well as to address whether it is secondary to his service-connected right knee disability.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and ensuring all claims are properly addressed.

The Board denied an earlier effective date for the grant of service connection for a low back disability, finding that no new and material evidence was submitted prior to April 8, 2008.

The Board has determined that service connection is granted for a low back disorder and sciatica of the right lower extremity, as these conditions are found to be related to the Veteran's active duty service.

The Board found that the Veteran's current low back disability is not related to his active service, including a slip and fall injury during service. The evidence does not support a finding of service connection.

The Board has granted service connection for the Veteran's cervical spine, lumbar spine, and skin disabilities based on in-service injury and continuity of symptomatology.

The Veteran's low back disability was rated at 20 percent from October 15, 2007 through March 12, 2012. After that date, the disability has been rated as 20 percent.

The Board has determined that the Veteran is unable to secure and maintain substantially gainful employment due to his service-connected disabilities, including a lumbar spine disability and left knee disability. The claim for TDIU is granted.