Back / lumbar spine Board decisions

The Veteran's initial claim for a higher rating for his low back disability was granted, but he is still seeking an increased rating.

The Veteran's lumbar strain and degenerative disc disease have been rated at a 10% disability level since March 19, 2013.

The Veteran's lumbar post laminectomy syndrome is currently rated at 20 percent, which adequately reflects the severity of his disability based on the criteria provided in the VA Schedule for Rating Disabilities. The Board found that the current schedular evaluation was adequate to address the average impairment caused by the disability and no referral for extraschedular consideration was required.

The Board has granted a 40 percent rating for the Veteran's low back disability and increased ratings for radiculopathies of both lower extremities, effective from February 28, 2013. The decision also addressed whether higher ratings were warranted for these conditions.

The Veteran's claim for service connection for tinnitus is not part of the current appeal.,For the period prior to May 17, 2011, the Veteran's chronic lumbar strain was rated as 10% disabling. The Board finds that this rating is appropriate based on the evidence.

The Veteran's appeal is being remanded to obtain missing VA treatment records and for further development, including arranging for the Veteran to undergo additional examination if appropriate.

The Veteran's death is being reviewed to determine if any service-connected conditions contributed to his cause of death, including exposure to herbicides and use of prescribed medications.

The Board denied service connection for lumbar spine and knee disabilities, finding that the current conditions are not causally related to service or service-connected bilateral pes planus.

The Board found that the Veteran's seizures were not caused by VA treatment and did not find proximate causation. Therefore, his claims for compensation under 38 U.S.C. § 1151 and secondary service connection are denied.

The Veteran is entitled to an effective date of April 27, 2004 for the grant of a TDIU due to service-connected disabilities preventing him from obtaining or maintaining substantially gainful employment.

The Veteran's claim for an increased rating for his service-connected lumbar spine degenerative disc disease was denied. The Board found that the evidence did not meet the criteria for a higher evaluation, as there was no unfavorable ankylosis or incapacitating episodes totaling at least 6 weeks in the past year.

The Board has determined that the Veteran's lumbar spine disorder and acquired psychiatric disorder are not related to her service, thus denying both claims.

The Board has remanded the case for additional development, including obtaining VA treatment records from 1996 to 2006 and seeking an opinion regarding whether falls resulting from left leg weakness caused the Veteran's back disabilities.

The Veteran's right shoulder disability was rated at 30 percent from February 27, 2009 to June 1, 2010.

The Veteran's cervical spine radiculopathy of the upper extremities was manifested by mild incomplete paralysis from August 9, 2013. The Board has granted a separate 40 percent disability rating for this condition.

The Board has remanded the case due to inadequate efforts in obtaining VA treatment records from March 1982. The Veteran's claim for service connection for a low back disability will be reconsidered based on this new information.

The Board found that the Veteran's current lumbar spine and bilateral knee conditions are not related to service, with the exception of a single incident in 1969 where he injured his back. The claim for service connection was denied.

The Board has remanded the Veteran's claim for service connection for a back disability due to inadequate examination and scheduling issues. The case is now pending with instructions on how to proceed.

The Board has remanded the Veteran's claims for service connection for lower back and sinus disorders due to inadequate medical opinions. The case will be returned to the AOJ for further development.

The Board denied the Veteran's claims for service connection for a low back disability and for retinal detachment in the left eye as secondary to service-connected aphakia of the left eye. The Board found that the current diagnoses did not have onset during or immediately after service, were not related to active service, including an injury sustained in November 1965, and did not meet the criteria for direct service connection.