Back / lumbar spine Board decisions

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of his low back disability and sleep apnea. The TDIU claim is also inextricably intertwined with these issues.

The Board has determined that the Veteran's left knee, bilateral hip, and back disabilities are not related to his military service.

The Veteran's back disability has been rated at 40 percent since November 30, 2007. The Board finds that the evidence does not support a higher rating prior to December 7, 2007, from February 1, 2008, to November 12, 2012, and beginning January 1, 2013.

The Board has determined that the Veteran's claimed back, right knee, and left knee disabilities are not related to his military service. The evidence does not support a finding of service connection for these conditions.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and medical opinions. The case is now pending with additional development required.

The Veteran's degenerative disc disease of the lumbosacral spine with neuroforaminal stenosis and associated sciatica were granted initial ratings, but not in excess of 10 percent prior to May 18, 2009. From May 18, 2009 onwards, he was granted a higher rating for his sciatica.

The Veteran's lumbosacral strain was previously rated at 10 percent prior to August 6, 2009. The evidence does not show that his range of motion or other symptoms warranted a higher rating during this period.

The Veteran's claim for higher ratings for lumbar spine DDD and associated radiculopathy/sciatica and bladder impairment was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent prior to May 14, 2009 or 40 percent from that date.

The Veteran's cervical spine disability is rated at 20 percent, effective March 25, 2005. The Board also granted a TDIU based on the Veteran's service-connected disabilities.

The Board has determined that the Veteran's current low back disability is related to his in-service injury, and service connection for a low back strain is granted.

The Board found that the Veteran's current low back condition is not related to his military service and denied his claim for service connection.

The Veteran's ulcer disease and degenerative joint disease of the lumbar spine were not granted service connection, and a rating in excess of 10 percent for the lumbar spine was denied.

The Board finds that the evidence is at least in equipoise regarding a nexus between the Veteran's diagnosed lumbar spinal stenosis and his active service, thus granting service connection.

The Board has granted the Veteran's claims for service connection for degenerative arthritis of the spine and residuals of head trauma, finding that his injuries were not due to willful misconduct.

The Veteran's lumbar spine disability and associated radiculopathies are not shown to preclude him from securing and following substantially gainful employment, but he is entitled to separate compensable ratings for his bilateral lower extremity radiculopathies prior to February 9, 2012.

The Veteran requested to withdraw his appeals for service connection for retinal detachment and GERD. The Board has dismissed these issues due to the death of the appellant.

The Board has remanded the Veteran's case for additional development, including a VA examination to determine if his current low back disorder is related to service-connected bilateral knee disabilities. The issues of increased ratings and reopening claims are also on appeal.

The Board found that the Veteran's left knee and low back disabilities were not incurred or aggravated by service, nor are they proximately due to his service-connected right knee disability.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with an opportunity to submit lay statements. The VA examiner will provide an addendum opinion addressing the new evidence and the Veteran's reports of in-service and post-service low back and right ankle symptoms.

The Board has determined that the Veteran's service-connected lumbar spine disability contributed substantially to his death from metastate cancer. Therefore, service connection for the cause of the Veteran's death is granted.