Back / lumbar spine Board decisions

The Board has determined that the Veteran's Substantive Appeal was timely filed, and thus his appeal to establish that a Substantive Appeal of the January 2006 and April 2006 rating decisions was timely filed is granted. The RO should then review the claims file (to specifically include an initial review of the evidence received since the August 2007 SOC) and readjudicate the propriety of the rating reduction for the Veteran's left shoulder disability, and the matters of the ratings assigned for his low back disability and left shoulder disability.

The Veteran's appeals for increased evaluations of his service-connected right elbow disorder, left elbow disorder, right thumb disorder, lumbar strain, diverticulitis, and hypertension have been withdrawn. The Veteran is now assigned a noncompensable initial evaluation for each condition.

The Veteran's lumbar spine disability is currently evaluated at 40 percent, and the Board finds that this evaluation is appropriate given the evidence of record.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's current diagnosis of hearing loss is related to his military service. The other claims have been withdrawn by the Veteran.

The Board has decided to remand the Veteran's claim for service connection due to incomplete evidence and a need to obtain additional records from SSA and VA.

The Veteran's appeal is remanded to determine if a retrospective medical opinion is necessary and for consideration of assignment of TDIU based on an extraschedular basis for the period prior to October 19, 2005.

The Board has determined that new and material evidence has been presented to reopen the previously denied claim of entitlement to service connection for a back disability. The Veteran's current back disability is possibly related to his in-service back injuries.

The Board granted service connection for chronic lumbar strain and assigned a noncompensable rating. The Veteran was also awarded a separate 10 percent rating for radiculopathy associated with the condition, effective from April 14, 2009.

The Board has remanded the case to the RO for further action consistent with a joint motion. The Veteran's appeal is now pending before the RO.

The Board finds that the Veteran's right eye blepharitis and low back sprain are not related to his military service.

The Veteran's lumbosacral strain is rated at 20 percent, the maximum available rating under the General Rating Formula for Diseases and Injuries of the Spine. A separate 10 percent rating has been granted for left lower extremity neurological manifestations.

The Veteran is seeking service connection for a back disability that he believes is related to his service-connected left ureteral pelvic junction obstruction. The Board has determined that an additional VA examination is needed to address the medical matters presented by this appeal.

The Board found that the Veteran's current low back disability is not related to his military service, including an injury sustained during service.

The Board has determined that the Appellant's disabilities rendered her physically helpless in performing daily activities and required aid and attendance from March 11, 2004 to November 20, 2008. She was also found to be substantially confined to her home or immediate premises due to her disabilities reasonably certain to remain throughout her lifetime.

The Veteran's service-connected lumbar strain with degenerative osteoarthritis is currently rated at 20 percent, and the Board finds that this rating adequately reflects his disability level.

The Board has determined that new and material evidence was submitted to reopen the Veteran's claim for service connection for a back disability. The Veteran's current back disability, including right lower extremity radiculopathy, is found to be related to his active service.

The Veteran is seeking service connection for residuals of a low back fusion, which he claims is secondary to his already service-connected conditions. The Board has determined that additional development is needed before the claim can be decided.

The Veteran's post-operative residuals of L5 lumbar spondylosis are currently evaluated at 40 percent, effective September 14, 2009. The criteria for a higher evaluation do not meet or more nearly approximate the requirements for an evaluation greater than 40 percent.

The Veteran's lumbar spine disability and left leg radiculopathy have been granted service connection, with a rating of 40% for the lumbar spine disability since March 26, 2004. The Veteran is also rated at 10% for right lower extremity radiculopathy associated with his lumbar spine disability as of February 22, 2010. His left leg radiculopathy has been rated at 40% since May 9, 2006.

The Veteran's appeal is remanded due to procedural confusion and the need for additional development regarding his service-connected lower back disability, including degenerative disc disease.