Back / lumbar spine Board decisions

The Veteran's claim for an extra-schedular rating and TDIU was denied. The Board found that the evidence did not support entitlement to an extra-schedular rating, as no unusual or exceptional disability picture had been demonstrated. For TDIU, the combined evaluation of 80% met the minimum requirements but the Veteran's service-connected disabilities were deemed insufficient for a finding of unemployability.

The Veteran's service-connected chronic lumbar strain with DDD of the lumbar spine is currently rated at 40 percent, effective May 16, 2006.

The Board denied the Veteran's claims for service connection for back disability with lumbago and chronic pain, as well as epididymitis (also claimed as burning feeling in testicles), finding that there was no evidence of a current disability related to service.

The Veteran's DDD of the lumbar spine was rated at 20 percent prior to April 2, 2012, and in excess of 40 percent thereafter. The disability met the criteria for a higher rating as of November 10, 2011.

The Board has determined that the Veteran's lumbar spine disability warrants a 20 percent evaluation, and her radiculopathy of the left lower extremity warrants a 20 percent evaluation. These ratings are in accordance with the criteria set forth in the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine and thoracic spine are related to his active service, granting service connection for these conditions.

The Board has ordered a remand to obtain additional medical records and provide the Veteran with an updated VA examination. The goal is to determine if the Veteran's current back disorder had its onset during service or was aggravated by in-service events.

The Veteran's claims for service connection for low back, leg and knee disorders are being remanded due to the need for a VA examination.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling VA examinations.

The Board denied service connection for an acquired psychiatric disorder, including PTSD, and lumbar spine disability. The Veteran's claim for a higher initial rating for bilateral Achilles tendon injuries and left and right Achilles tendon injuries was also denied. Service connection for seizure disorder was not addressed in this decision.

The Veteran's death was not caused by or a result of service-connected conditions, and the claim for DIC under 38 U.S.C.A. § 1318 is denied as he did not meet the requirement of having been in receipt of total disability compensation due to service-connected disabilities for at least ten years immediately preceding his death.

The Board has reopened the claim for service connection for residuals of a low back injury and finds that new evidence received since the July 2007 decision raises a reasonable possibility of substantiating the claim. The Veteran's current low back disability is found to be related to his in-service injury.

The Veteran's appeal is being remanded to schedule a Travel Board hearing due to his request.

The Veteran's claim of entitlement to service connection for bilateral hearing loss, low back disability, and bilateral foot disability was denied. The Board found that the Veteran does not have sufficient hearing loss in either ear to be considered a ratable disability.

The Board has remanded the case for further development due to a lack of consideration of the Veteran's lay assertions and post-service medical history.

The Veteran's appeal has been dismissed due to his death while the appeal was pending before the Board.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective from December 3, 2010. The Board found that this rating was appropriate based on the evidence showing moderate limitation of motion.

The Board found that the Veteran's current back disability is not related to any period of active military service or manifested within one year following discharge from service, and thus denied his claim for service connection.

The Veteran's service-connected herniated lumbar discs at L2-L3 and L4-S1 were found to not warrant a disability rating in excess of the assigned ratings prior to December 6, 2011 or from December 6, 2011.

The Veteran's appeal is remanded due to the need for a Board hearing. The issues of service connection, increased ratings for lumbar spine disability and radiculopathy, and TDIU are still pending.