Back / lumbar spine Board decisions

The Veteran's appeal is being remanded to the RO in Denver, Colorado for further action including scheduling a videoconference hearing.

The Veteran's back disability was rated at 40 percent disabling, and the Board found that it did not warrant an evaluation in excess of this rating.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and left lower extremity radiculopathy were denied. The evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's lumbar spine degenerative disc disease has been rated at 60 percent effective August 17, 2001.,From September 9, 2010 to February 29, 2012, the Veteran's right lower extremity radiculopathy was rated at 40 percent and his left lower extremity radiculopathy was also rated at 40 percent.,Effective March 1, 2012, the Veteran's right lower extremity radiculopathy was rated at 60 percent and his left lower extremity radiculopathy was also rated at 60 percent.,The Veteran is granted a TDIU.

The Board found that the Veteran's low back and neck disabilities were not incurred in or aggravated by active service, nor are they proximately due to a service-connected disability. The VA examiners opined that these conditions did not have their onset during service or are otherwise related to service.

The Veteran's appeal involves his claim for service connection for hypersomnia, which he contends is secondary to his service-connected degenerative disc disease and neuropathy of the lower extremities. The Board has determined that a remand is necessary to obtain an opinion on whether his sleep disorder was aggravated by his service-connected disabilities.

The Veteran's claim to reopen his service connection for a low back disorder and bilateral foot disorder was denied again due to the lack of evidence showing an in-service injury or relationship to active duty.

The Veteran's low back disorder is rated at 40 percent disabling, effective February 16, 2011. Prior to this date, the disability was rated as 20 percent disabling. The left lower extremity radiculopathy has been rated at 40 percent since February 16, 2011.

The Board denied service connection for a back disorder and numbness of the feet, finding that these conditions were not incurred or aggravated by service or related to any service-connected disability.

The Board has remanded the Veteran's claims for additional development, including obtaining an examination to address whether his service-connected disabilities caused or aggravated his claimed low back, bilateral ankle, and bilateral hip disabilities.

The Board has determined that the Veteran does not meet the criteria for service connection for a lumbar spine disability or bilateral leg disability, and therefore, his claims are denied. For TDIU, the evidence does not show he meets the schedular threshold nor does it indicate he is unemployable due to his disabilities.

The Veteran's low back disability was rated at 20 percent effective January 11, 2012. The rating is based on the combined range of motion of the thoracolumbar spine not greater than 170 degrees.

The Board finds that the appellant's service-connected disabilities, including PTSD and depression, have rendered him unable to secure or follow substantially gainful employment prior to June 23, 2009.

The Board has determined that there has not been substantial compliance with the remand directives and that it may not proceed with a decision at this time. The case is REMANDED for further evidentiary development of the issues on appeal.

The Board has dismissed the appeal as the appellant withdrew it prior to a decision being made.

The Board granted a 30 percent evaluation for bilateral hearing loss effective June 5, 2009. The Veteran's other claims were withdrawn.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims for service connection, including obtaining relevant SSA records and VA treatment records. The examiner's opinions regarding the left knee and right knee conditions need clarification.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling appropriate examinations.

The Veteran's lumbar strain, formerly rated as intervertebral disc syndrome, was granted a 40 percent rating effective February 8, 2010. The left knee degenerative joint disease remains at a 10 percent rating.

The Board found that the Veteran's neck and back disorders were not related to his service, and thus denied his claims for service connection.