Back / lumbar spine Board decisions

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a low back disability. The Board also finds that the Veteran's current low back disability is related to his in-service parachute jumps, warranting service connection.

The Veteran's thoracolumbar and cervical spine disabilities have been rated at the maximum available benefit, with a 40 percent rating for thoracolumbar spine degenerative disc disease with intervertebral disc disease and a 30 percent rating for cervical spine degenerative disc disease with intervertebral disc disease.,The Veteran's right lower extremity radiculopathy has been rated at the maximum available benefit, with a 20 percent rating. The left lower extremity radiculopathy has also been rated at the maximum available benefit, with a 20 percent rating.

The Veteran's claims for service connection are being remanded due to the need for additional development regarding possible exposure to Chemical Warfare Materials (CWMs) and radiation during service, as well as a VA spine examination to address whether his current back disorder is aggravated by his service-connected left foot disability.

The Board has determined that the Veteran's current low back disability, diagnosed as lumbosacral strain, is related to his military service and grants service connection for this condition.

The Board has determined that the Veteran does not have a current diagnosis of residuals of a head injury or a back disorder, and thus service connection for these conditions cannot be established.

The Board has reopened the Veteran's claim for service connection for a back disorder and granted it. The claim for service connection for type II diabetes mellitus, which was previously denied due to lack of exposure to herbicides in service, is also granted.

The Veteran's appeal has been dismissed as he requested to withdraw his claims for an evaluation in excess of 20 percent for a chronic low back strain and TDIU.

The Board has reopened the Veteran's claim for service connection for low back disability and is granting it. The remaining claims of service connection for bilateral knee disability, right wrist disability, and acquired psychiatric disability are remanded for additional development.

The Veteran's claims for service connection were denied as his claimed conditions are not shown to be related to his military service.

The Veteran's claims for higher ratings for his low back and left knee disabilities were denied. The Board found that the evidence did not meet the criteria for a disability rating higher than 20 percent for the low back disability or higher than 10 percent for the left knee disability.

The Board has remanded the case due to outstanding VA treatment records for the Veteran's low back disorder, asthma, hypertension, and vision disorder. The claims will be reviewed again after obtaining these records.

For the period prior to August 15, 2013, the Veteran's left foot drop with neuropathy associated with osteoarthritis and degenerative spondylosis status post discectomy with lumbar IVDS was rated at 20 percent.,For the period on or after August 15, 2014, the Veteran's left foot drop with neuropathy associated with osteoarthritis and degenerative spondylosis status post discectomy with lumbar IVDS was not rated higher than 60 percent.

The Veteran's status-post thoracolumbar strain is rated at 20 percent, effective January 25, 2013. His right and left lower extremity radiculopathy are each rated at 40 percent, also effective January 25, 2013. Hypertension remains rated as noncompensably disabling prior to January 25, 2013 and 10 percent thereafter.

The Veteran's request for service connection for a lower back disorder is remanded due to the need for a videoconference hearing.

The Veteran's spondylosis and lumbar strain with sciatica are currently rated at 20 percent, but the Board finds that a higher evaluation is warranted based on additional functional loss due to pain. Separate ratings of 10 percent each are assigned for neurological impairment of the right and left lower extremities.

The Veteran's appeal is being remanded for further consideration of his claim for a total disability rating due to individual unemployability (TDIU) based on service-connected disabilities. The case will be referred to the Director, Compensation Service, for extraschedular consideration.

The Board has determined that the Veteran timely filed his December 2013 substantive appeal of the denial of entitlement to service connection for DJD of the lumbosacral spine. The claim is now before the Board.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Board has determined that an effective date of August 13, 2008 is warranted for the award of a TDIU due to service-connected disabilities.

The Veteran's appeal is being remanded for additional examinations and development of the claims, including obtaining any outstanding records.