Back / lumbar spine Board decisions

The Veteran's claim for increased rating of low back disability was denied. The claims for reopening a skin disability and TDIU were also addressed, but the decision is not clear on these points as they are marked as 'denied' without specifying which aspect.

The Veteran seeks service connection for a low back disability with pinched nerve and sciatica, which she contends was incurred in service and is aggravated by her service-connected right ankle periostitis. The Board has determined that the VA examination provided did not consider all relevant evidence and must be remanded to provide an updated opinion.

The Veteran's appeal has been withdrawn by the appellant, resulting in dismissal of the case.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations and development of records.

The Board has granted the Veteran's petitions to reopen his claims for service connection for back injury and intestinal condition. The remaining issues are addressed in the REMAND portion of this decision.

The Board has determined that the Veteran's fractures of the left tibia and fibula, as well as his associated back and bilateral hip disabilities, were incurred in the line of duty during active service. The appeal is granted.

The Board has decided to remand the case for additional development, including obtaining updated medical records and a new VA examination.

The Veteran's lumbar degenerative disc disease and spondylosis were not found to warrant a higher disability rating prior to January 26, 2015. Beginning January 26, 2015, the disability was also not found to warrant an increased rating.

The Veteran's claim for an earlier effective date for a temporary total rating due to surgery necessitating convalescence is denied as the criteria were not met until after December 27, 2010.

The Board denied service connection for a low back disability and peripheral neuropathy of the bilateral lower extremities, finding no evidence linking these conditions to service or exposure to herbicides.,Service connection was not granted as there is no medical evidence showing a nexus between the Veteran's current disabilities and his military service.

The Board has determined that the Veteran's current low back disability, diagnosed as arthritis and degenerative facet arthropathy, began during active service. As such, the criteria for service connection have been met.

The Veteran's service-connected conditions, including ischemic heart disease, PTSD, type II diabetes mellitus, low back disability, and others, have rendered him unable to secure or maintain substantially gainful employment. The Board finds the evidence in equipoise as to whether he is unemployable due to his disabilities.

The Veteran's service-connected disabilities, including PTSD, lumbar pain syndrome, left ankle limited motion, and lower extremity radiculopathy, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that he meets the criteria for a TDIU.

The Veteran's left shoulder strain is not service-connected, but his lumbar spondylolisthesis has been granted service connection.

The Veteran's service-connected disabilities, including diabetes mellitus, coronary artery disease, PTSD, anal fissure, lumbar spine degenerative disc disease and osteoarthritis, tinnitus, peripheral neuropathy, right ankle laxity, inguinal hernia repair residuals, left ear scar, groin scar, and erectile dysfunction, collectively preclude him from obtaining or retaining substantially gainful employment.

The Veteran's low back disability was not productive of ankylosis prior to February 1, 2012 and did not meet the criteria for a rating in excess of 10 percent. Since February 1, 2012, his disability has been rated as 40 percent disabling.

The Veteran's cervical spine disability is currently rated at 20 percent, which is the maximum schedular rating available for this condition.,The Veteran's right upper extremity radiculopathy is currently rated at 40 percent.

The Board found that the Veteran's current back disorder was not present in service or for many years thereafter, and has not been shown by competent and probative medical evidence to be etiologically related to his active service.

The Veteran's lumbosacral strain with spondylosis of L5 is currently rated at 40 percent, reflecting the limitation of motion to forward flexion of 30 degrees or less.

The Veteran's initial ratings for his service-connected lumbar spine disability and associated radiculopathy have been granted, with the highest rating of 40 percent assigned for the right lower extremity radiculopathy. The other issues remain pending.