Back / lumbar spine Board decisions

The Veteran's claim for TDIU is being remanded due to the need for additional medical examination and evaluation of his service-connected disabilities.

The Veteran's appeal of the issues regarding a higher disability rating for cervical spine DJD with DDD and a temporary total rating due to surgery has been withdrawn.

The Veteran's service-connected disabilities, including left knee chondromalacia, left knee arthritis, lumbar spine disability, and right knee disability, have rendered him unable to secure or follow a substantially gainful occupation. The case is REMANDED for further development.

The Veteran's back disability was rated at 10% prior to June 22, 2005 and at 40% from that date. The psychiatric disability was not rated.

The Veteran's appeals for increased ratings for chronic low back syndrome with disc degeneration and a fractured right second metacarpal were denied. The case is remanded to the RO for scheduling a hearing before a member of the Board.

The Board has remanded the claims for additional development, including obtaining service personnel records and VA examinations to determine if the Veteran's current low back disability, depression, anxiety, and hypersomnia are related to his military service.

The Board found that the Veteran's back disability was not incurred in service and denied his claim for service connection.

The Board denied the Veteran's claim for an extraschedular TDIU rating prior to July 13, 2004, finding that his service-connected disabilities did not render him unemployable and that there was no evidence of frequent hospitalization or marked interference with employment.

The Veteran's claims for increased ratings for his right hip disability and the residuals of a fracture of the left mandible have been granted. The Veteran is currently receiving the maximum available rating for these conditions.

The Veteran's claims for service connection and higher ratings have been denied. The Board has granted service connection for carpal tunnel syndrome of the left hand.

The Veteran's claim for increased ratings for his lumbosacral spine disorder and resultant radiculopathies was granted, with the lumbosacral spine disorder receiving a 20 percent rating effective from December 3, 2001. The radiculopathies of the left lower extremity received a 10 percent rating effective from December 3, 2001, and the radiculopathy of the right lower extremity also received a 10 percent rating effective from December 3, 2001.

The Veteran's claim for an increased rating and a total disability rating based on individual unemployability due to service-connected disability was denied. The Board found that the evidence did not show unfavorable ankylosis of the entire spine, which is required for a higher rating.

The Veteran's lumbar spine disability was not shown to meet the criteria for a rating greater than 20 percent from August 17, 2005 to October 1, 2008. For the time period since October 2, 2008, the disability did not result in ankylosis or incapacitating episodes of IVDS having at least 6 weeks' duration during any 12-month period.

The Board found that the Veteran's current low back disability is not related to his military service, including an injury in a parachute jump while on active duty. The preponderance of evidence does not support a finding that the disability was incurred or aggravated by service.

The Veteran's service-connected status post chemonucleolysis of a herniated disc at L5-S1 with a residual chronic lumbar strain has not met the criteria for an evaluation in excess of 10 percent since September 23, 2002.

The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is related to his active duty service. The claim for low back disorder remains pending as further examination and development are required.

The Veteran's service-connected lumbosacral strain with degenerative changes, status post microdiscectomy, is currently rated at 20 percent from October 29, 2009 onward. The claim for a higher initial rating prior to that date remains denied.

The Veteran seeks service connection for a back disorder, which she claims is secondary to her service-connected left ankle disorder. The Board finds there are insufficient medical opinions regarding whether the Veteran's current back disorder was aggravated by military service or if it is related to her pre-existing condition.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative changes and disc herniation is being remanded due to missing documents in the claims file.

The Veteran's appeal has been withdrawn due to his request for withdrawal prior to the Board making a decision.