Back / lumbar spine Board decisions

The Veteran's claims for increased ratings for his lumbar spine disability and GERD were denied as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's low back disorder, diagnosed as degenerative disc disease of the lumbar spine, has been rated at 60 percent since its grant of service connection. The current evaluation reflects no more than intervertebral disc syndrome with incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Board found that the Veteran's lumbar spine disability was not incurred in service and is not related to his service-connected left knee disability. The claim for secondary service connection was denied.

The Board denied the reopening of claims for service connection for various conditions, including bilateral knee disorder, left great toe disorder, low back disorder, and adjustment disorder or other acquired nervous disorder. The Veteran's claims were not reopened due to lack of new and material evidence.

The Veteran's claim for a higher rating for his service-connected low back disability was granted, with the highest possible schedular rating of 40 percent effective March 20, 2012. The claim for an increased rating for his right knee condition remains pending.

The Veteran's claim for service connection for a lower back disability, including degenerative joint disease and disc disease of the lumbar spine, was granted in April 2012. As a result, the appeal is dismissed.

The Veteran's service-connected lumbar radiculitis is currently rated at 40 percent effective October 5, 2011. The Veteran's cervical spondylosis is currently rated at 30 percent effective October 5, 2011.,Both conditions are rated based on their current manifestations.

The Veteran's TDIU claim is granted as his service-connected disabilities, including depressive disorder not otherwise specified, pulmonary fibrosis, and degenerative joint disease and degenerative disc disease of the lumbosacral spine, meet the criteria for a total disability rating based on individual unemployability.

The Board denied the Veteran's claim of service connection for a back disorder, finding that there was no evidence linking his current conditions to military service.

The Board has determined that a remand is necessary to obtain additional evidence and to schedule the Veteran for VA examinations to address his claims.

The Veteran's service-connected cervical and lumbar spine disabilities have been evaluated as 10 percent disabling throughout the rating period. The Board finds that the evidence does not support a higher evaluation for these conditions.

The Board has ordered the RO to obtain SSA records and any relevant private medical records. The case will be readjudicated after these records are obtained.

The Veteran withdrew his appeals for service connection for sleep apnea and high blood pressure prior to the Board's decision.

The Veteran seeks service connection for a back disability. The VA examiner found the Veteran has myofascial lumbar syndrome, but opined that it is not related to service due to an inaccurate factual predicate. The Board finds this inadequate and remands the case for further development.

The Veteran's degenerative disc disease of the lumbar spine does not result in unfavorable ankylosis or incapacitating episodes, and there is no objective evidence of neurological abnormalities related to the disability. Therefore, a rating in excess of 40 percent for this condition has not been met.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy combine for an 80 percent disability rating since December 29, 2010, which renders the Veteran unemployable. The Board finds that the criteria for TDIU are met.

The Board found that the Veteran's thoracolumbar spine condition did not meet or approximate the criteria for a rating in excess of 20 percent, as forward flexion was not limited to 30 degrees or less and there were no incapacitating episodes of intervertebral disc syndrome (IDS) requiring bedrest prescribed by a physician.

The Board has determined that further development is needed for the Veteran's low back and left hip disorder claims, including obtaining workers' compensation records and a VA examination. The left hip disorder claim will be remanded as well.

The Veteran's PTSD is rated at 50 percent, effective from the date of the rating decision. Service connection for lumbar spine disability, cervical spine disability, and residuals of traumatic brain injury are not granted.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a low back disability.