Back / lumbar spine Board decisions

The Board granted a 40 percent rating for the Veteran's service-connected low back disability, effective as of August 29, 2007. The previous evaluation was 20 percent.

The Veteran's appeal is remanded for further proceedings consistent with the Court's July 2012 decision. The case will be returned to the Board after a hearing.

The Veteran's claim for an initial rating higher than 10 percent for degenerative disc disease of the lumbar spine before June 27, 2006 was denied. The claim for service connection for a cervical spine disability to include as secondary to service-connected degenerative disc disease of the lumbar spine is also denied.

The Board has reopened the Veteran's claim for service connection for a low back disorder and granted it, assigning a 10 percent disability rating.

The Board has granted increased disability ratings of 20 percent for the service-connected status post extensor tendon contracture on the left and low back strain, effective from February 7, 2011.

The Veteran's low back disability, specifically degenerative disc disease (DDD) of the lumbar spine, is currently rated at 40 percent and associated left leg radiculopathy at 20 percent. These ratings are based on the severity of his disabilities as determined by VA examinations.,The Veteran does not have unfavorable ankylosis of his entire thoracolumbar spine and has experienced no incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, which is why he cannot be granted higher initial ratings for these conditions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional development, including obtaining medical records from New London Naval Medical Center and scheduling a VA examination.

The Veteran's claim for an earlier effective date for the TDIU was denied as there is no evidence of any earlier unadjudicated formal or informal claim or factually ascertainable evidence demonstrating entitlement to TDIU prior to March 24, 2010.

The Board found that the Veteran's lumbar spine disability was not incurred or aggravated in service and is not related to a service-connected condition. The claim for service connection was denied.

The Board has remanded the Veteran's claims due to inadequate opinion in his VA examination and need for additional development of his claim.

The Veteran's lumbar spine intervertebral disc syndrome and related conditions have been granted higher initial disability ratings, with a total rating of 40 percent.

The Board has granted service connection for a gastrointestinal disability, reopened claims for cervical spine and lumbar spine disabilities, and granted increased ratings for bilateral hearing loss and scars from a fracture to the left forearm. The Veteran's cervical spine disability claim remains pending as it was not granted.

The Veteran's appeal is being remanded for additional development of his claims, including the retrieval of recent outpatient records and authorization to obtain private treatment records. The TDIU claim will also be reconsidered.

The Veteran's service-connected low back strain disability alone is not severe enough to prevent him from engaging in substantially gainful employment.

The Board denied service connection for an eye disability and found that the Veteran's degenerative disc disease of the lumbar spine warrants a 40% rating, but not higher. The decision also noted there were no incapacitating episodes or other evidence supporting a higher rating.

The Board has determined that service connection is granted for herpes encephalitis, as the Veteran's MRI shows sequelae of this condition. Service connection for cerebrovascular accident and low back disorder are denied.

The Veteran's claims for increased ratings and an earlier effective date were denied. The claim for a compensable evaluation prior to October 23, 2012 was granted.

The Board found that there was no material improvement in the Veteran's lumbar spine disability since his last examination, and thus denied the reduction from a 40 percent rating to a 20 percent rating.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Veteran withdrew his appeal regarding the issues of service connection for lumbosacral degenerative disc disease and an increased disability rating for PTSD prior to a decision being made.