Back / lumbar spine Board decisions

The Board denied the Veteran's claims for increased ratings for her lumbar spine disability, right lower extremity radiculopathy, and left knee patellofemoral syndrome. The TDIU claim was also denied as it pertained to a period prior to September 15, 2014.

The Board denied the Veteran's request for a rating in excess of 10 percent for her low back disability and found that new and material evidence had not been submitted to reopen her claim of service connection for an acquired psychiatric disorder. The effective date is not specified.

The Veteran's cervical spine and lumbar spine disabilities have not resulted in any incapacitating episodes, so they are evaluated under the General Rating Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as her range of motion has been stable throughout the appeal period.,For left lower extremity radiculopathy, the Veteran is already service-connected and no separate ratings are warranted due to lack of associated neurologic abnormalities in other extremities.

The Board has ordered additional development due to the need for clarification of the Veteran's claims, including a review of his medical records and an examination by VA doctors.

The Veteran withdrew her appeal regarding the claims of entitlement to service connection for neurology problems exclusive of fibromyalgia symptoms, bilateral hearing loss disability, and fibrocystic breast disease prior to the Board's decision.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's lumbar strain and dysthymic disorder are related to service.

The Veteran's DJD of the lumbosacral spine was initially rated at 10 percent prior to August 7, 2010. A compensable rating (10 percent) for migraine headaches has been granted.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.

The Board has determined that further development is needed for the Veteran's lumbar strain claim, including obtaining additional medical records and scheduling a VA examination to assess the current level of severity of his disability.

The Board denied service connection for a back disability and found that spina bifida is not a disease or injury within the meaning of compensation benefits. The Veteran's claim was otherwise dismissed.

The Veteran's claim for an increased rating for his service-connected degenerative joint disease of the lumbar spine with residual scar from laminectomy has been granted, and he is currently receiving a 40 percent disability rating effective September 17, 1999.

The Veteran's TDIU claim was granted. The remaining issues on appeal were dismissed due to the Veteran's withdrawal of his appeals.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for hearing loss, tinnitus, and a back condition. The Board finds that these conditions are related to service and grants service connection.

The Veteran's lumbar spine and right shoulder disabilities were found to be as severe prior to May 6, 2013 as they were shown to be during the VA examination conducted on that date. The initial ratings of 20 percent for the lumbar spine disability and 10 percent for the right shoulder disability are granted.

The Veteran's right shoulder disability is rated as non-compensable under the applicable rating criteria. The Board finds that at least a 20 percent rating for his right shoulder disability has been met throughout the pendency of the appeal.

The Board has determined that the Veteran does not have a current low back disability and therefore, service connection for this condition is denied.,Service connection for insomnia associated with PTSD with major depressive disorder is also denied as it is considered part of the same disability.

The Veteran's claims for increased ratings and initial evaluations in excess of 10 percent for service-connected lumbar spondylosis with spinal stenosis, right lower extremity radiculopathy, and left lower extremity radiculopathy are being remanded due to the need to obtain additional evidence from the Social Security Administration.

The Veteran's claim for a higher rating for lumbosacral strain was denied, and his TDIU claim is pending. The current rating of 40% for lumbosacral strain remains unchanged.

The Board found no evidence that the Veteran's left knee, right shoulder, or lumbar spine disorders are caused by his service-connected right knee disability. The claims for secondary service connection were denied.

The Veteran's claim for reimbursement under the provisions of Title 38, United States Code, Section 2101 is denied as he did not obtain a certificate of eligibility prior to constructing his therapeutic spa and outbuilding.