Back / lumbar spine Board decisions

The Veteran's claims for increased ratings and effective dates were denied. The Board found that the Veteran did not meet the criteria for a higher rating under the applicable schedular criteria.

The Veteran's thoracic and lumbar degenerative changes with muscle strain do not meet the criteria for a rating in excess of 10 percent.

The Board has determined that the Veteran's lumbosacral degenerative disc disease warrants a rating of 60 percent, effective from October 28, 2013. The separate ratings for right lower extremity radiculopathy (40 percent), left lower extremity sciatic nerve involvement (20 percent), bladder incontinence (60 percent), and bowel incontinence (30 percent) are also granted.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board found that the Veteran's chronic lumbar degenerative disease with secondary multiple level disc degeneration was not incurred in or aggravated by service, may not be presumed to have been so incurred or aggravated, and was not caused or aggravated by his service-connected lumbar strain.

The Board has found that the Veteran's lumbar arthritis is presumed to have been incurred in service, and thus granted service connection for this condition.

The Board has determined that additional development is needed before the claims can be fully adjudicated. This includes obtaining VA treatment records, providing an addendum opinion from the November 2014 examiner, and reviewing the TDIU claim.

The Veteran's service-connected disabilities have resulted in unemployability throughout the appellate period.

The Veteran's lumbar strain with disc disease is currently rated at 40 percent, which is the maximum schedular rating available. The decreased sensation in his right lower extremity associated with this condition has been rated as 20 percent since May 2007.

The Veteran's cervical spine disability is currently rated at 30 percent, effective September 3, 2014. His allergic rhinitis has been assigned a non-compensable evaluation.

The Veteran's service-connected low back disability has rendered him unable to secure and follow a substantially gainful occupation since August 23, 2006.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.

The Board has determined that the Veteran's low back disability and right lower extremity radiculopathy are not eligible for extraschedular consideration as their symptoms are adequately captured by the existing schedular ratings.

The Board has remanded the case for additional development due to failure to provide proper notice of a VA examination and because the Veteran did not report for the scheduled examination. The appeal will be returned to the Board after further development.

The Veteran's appeal is being remanded to provide necessary assistance in substantiating his claims, including scheduling VA examinations for the thoracolumbar and cervical spine disorders and residuals of chest injury.

The Board found that the Veteran's current low back disorder is not linked to active duty service, including in-service complaints. The evidence does not show a link between his military service and any current back condition.,For his left knee disability, the VA examiner opined that the degenerative changes observed during the examination were not related to the Veteran's military service.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral knee replacements, render him unable to secure or follow substantially gainful employment.

The Board has remanded the Veteran's claims for increased rating and TDIU due to new evidence, including a recent low back surgery. The VA will obtain additional medical records, provide updated examinations, and consider all relevant factors in determining appropriate ratings.

The Board has determined that the Veteran's back and knee disabilities did not begin during service or are otherwise related to his military service, thus denying his claims for service connection.

The Board found that the Veteran's current lung disability, including COPD with an asthmatic component, is not service-connected due to it being related to his extensive tobacco use. The back disability was also denied as there was insufficient evidence linking it to service.