Back / lumbar spine Board decisions

The Board has remanded the appeal for additional development, including obtaining VA examination reports and obtaining treatment records. The Veteran's claims for higher initial evaluations for his service-connected disabilities are also being remanded.

The Veteran's back disability was rated at 40 percent effective July 25, 2011. His radiculopathy of the right lower extremity was separately rated at 10 percent effective the same date.

The Board found that the Veteran's current left and low back disabilities were not incurred or aggravated by active service, nor are they proximately due to a service-connected disability. The claims for service connection were therefore denied.

The Veteran's claim for a higher initial rating for his service-connected lumbosacral strain with scoliosis and radiculopathy was granted, effective May 10, 2011. Separate ratings of 60 percent were assigned for the left lower extremity (LLE) radiculopathy of the sciatic nerve and a separate 20 percent rating for the right lower extremity (RLE) radiculopathy of the sciatic nerve. The effective date for these increased ratings was set at May 10, 2011.

The Veteran's service-connected disabilities, including bilateral high frequency hearing loss and chronic low back pain with degenerative joint disease, rendered him unable to secure or follow substantially gainful employment. The Board finds that he meets the percentage requirements for TDIU.

The Veteran's radiculopathy of the left lower extremity is currently rated at 20 percent, and he is denied an evaluation in excess of this rating. The Board finds that his disability picture does not meet the criteria for a TDIU due to service-connected disabilities.

The Veteran's claim for increased ratings for his service-connected low back disability is being remanded due to the need for additional development, including a new VA examination and consideration of neurologic symptoms.

The Board has determined that the Veteran's low back disability is service-connected, with a rating of 30%.

The Veteran's claims for increased evaluations were denied as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's low back disability is currently rated at 20 percent, but does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case to obtain additional records from the Oklahoma Worker's Compensation Court regarding a 1960 claim for a back injury. The Veteran's service connection claim will be reconsidered based on this new information.

The Board found that the Veteran's current low back disability did not have onset during active service and was not caused by any event, injury, or disease during active service. Therefore, the claim for service connection for a low back disability is denied.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination during a period of flare-up of her dermatitis. The claims will be readjudicated after the additional development.

The Veteran's claim for a compensable rating for lumbar strain was denied as his range of motion did not meet the criteria for a 10% rating under VA's General Formula for Diseases and Injuries of the Spine.,Effective dates prior to November 19, 2005, were denied for bilateral hearing loss and tinnitus as they were both granted effective on that date.

The Board has determined that new and material evidence has not been submitted to reopen claims of service connection for diabetes mellitus, a neck condition, or a low back condition. The Veteran's claim for obstructive sleep apnea is considered secondary to his service-connected left and right knee disabilities.

The Veteran's lumbar spine disability is rated at 40 percent, and his right lower extremity radiculopathy is rated at 10 percent. The Board finds that neither condition warrants a higher rating.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for back disability and neck disability, and these claims are granted.

The Board has received notification from the Veteran to withdraw his appeal for a higher rating for left knee degenerative arthritis. The claim of service connection for bilateral hearing loss disability is granted, with the opinion that the current hearing loss disability was incurred in service due to noise exposure during military service. The lumbar spine disability issue remains pending and will be remanded for further examination.

The Board has determined that additional development is needed in order to make a determination on the Veteran's claims for service connection and increased rating. This includes obtaining pertinent VA treatment records, verifying combat experiences, and providing an opinion regarding the etiology of his hearing loss, knee disability, and lumbar strain.

The Veteran's claim for automobile and adaptive equipment or for adaptive equipment only is being remanded due to the need for additional development, including a VA examination.