Back / lumbar spine Board decisions

The Veteran's appeal is being remanded for additional development, including obtaining his VA vocational rehabilitation file and Social Security Administration records. The issue of two separate compensable ratings for bilateral radiculopathy from the service-connected degenerative disc disease of the lumbar spine has also been raised and must be addressed first.

The Veteran's lumbar spine disability is rated at 40 percent prior to October 15, 2009. From that date onwards, the rating for radiculopathy of both lower extremities is 20 percent.

The Board finds that the Veteran's service-connected disabilities do not preclude her from obtaining and maintaining substantially gainful employment, as they are rated at a combined 60 percent.

The Veteran's back disability is found to be service-connected. The claim for sleep apnea was denied as there is no evidence that it began in service or is related to service. The issue of a compensable rating for hemorrhoids has been withdrawn by the Veteran.

The Board has determined that the Veteran's sleep apnea began during service and is therefore granted. The low back and gastroesophageal reflux disease claims are remanded for further development.

The Board has determined that the Veteran's current low back disorder and headaches are not related to service. The claim for service connection is denied.

The Board denied the Veteran's claims for increased ratings and service connection, finding that her hypertension and PCOS did not warrant higher ratings under the applicable rating criteria. The Board also found no evidence of a back disorder or heart disorder incurred in service.

The Board has granted service connection for lumbar degenerative disc disease, finding that the Veteran's current condition is related to his active duty service.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Board has determined that the Veteran's low back arthritis, right and left knee disabilities, and headaches are related to her active service. The claims for these conditions have been granted.

The Board has decided to remand the case for additional development, including obtaining federal records and an addendum opinion from a VA examiner.

The Board has remanded the case due to incomplete verification of the Veteran's INACDUTRA period and missing medical records from his 1976 surgery. The Veteran needs to provide a list of all medical providers he received treatment from in connection with his 1976 lumbar surgery, and those providers need to be contacted for additional records.

The Veteran is currently receiving a disability rating of 60% for degenerative joint disease of the lumbar spine, which meets the criteria for TDIU as one service-connected disability rated at least 60%. The Board finds that the Veteran's unemployability is due to his service-connected disability and grants TDIU.

The Veteran's claim for an effective date prior to April 2, 2012, for a 60 percent rating for DDD of the lumbar spine was denied. The Board found that the increase in disability occurred on or after this date based on medical evidence from the April 2012 VA examination.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including obtaining private medical records and scheduling VA examinations for his service-connected hemorrhoids and low back disabilities.

The Veteran's claims for bilateral wrist disability and respiratory disorder are denied as there is no current diagnosis of a bilateral wrist condition, and the respiratory symptoms are not due to an undiagnosed illness or exposure in service. The low back disorder claim is also denied as it is less likely related to service.

The Veteran's service-connected disabilities, including arthritis of multiple joints and coronary artery disease, rendered him unable to secure or maintain substantially gainful employment prior to September 5, 2013.

The Board denied service connection for depression, remanded the claim for bilateral hearing loss, granted compensation under 38 U.S.C.A. § 1151 for left knee injury, and did not address reopening of a previously denied lumbar spine injury claim.

The Board has determined that the Veteran's low back disorder, diagnosed as degenerative changes of the lumbar spine, is related to his military service and grants service connection for this condition.

The Veteran's hearing loss disability has been rated as noncompensable throughout the appeal period. The low back strain disability was initially rated as noncompensable, but is now rated at 40 percent effective May 30, 2009.