Back / lumbar spine decisions — 2010

The Board has granted service connection for right knee, left knee, right hip, left hip, and low back disabilities as secondary to service-connected bilateral pes planus.

The Veteran's claims for increased ratings were denied as her thoracic and lumbar spine disability, gluten enteropathy and GERD, and left foot disability do not meet the criteria for a higher rating under VA regulations.

The Veteran's low back pain is rated at 10 percent, and the other claims for service connection are denied. The effective date of this rating decision remains to be determined.

The Veteran's initial compensable rating for lumbar strain prior to July 31, 2009 was denied. A 10 percent rating for the condition effective as of July 31, 2009 is granted.

The Board denied the Veteran's claim for service connection for a low back disorder due to lack of evidence of a current disability and no relationship between his military service and any diagnosed condition.

The Board has reopened the claim of service connection for a back disability and granted it. The Veteran's claims for respiratory condition, skin disorder, and PTSD have also been addressed.

The Veteran's service-connected degenerative disc disease of the thoracic spine was restored to a 10 percent rating effective November 8, 2006. The initial ratings for cervical and lumbar spine disabilities were also granted.

The Veteran's claim of service connection for a lumbar spine disorder, PTSD, diabetes mellitus, and bilateral hearing loss prior to September 29, 2008 and in excess of 30 percent thereafter was denied. The Board found no evidence linking the current conditions to his active service.

The Board found no evidence of a low back disability in service and denied the claim. For bilateral onychomycosis, the Veteran's current condition is not shown to meet the criteria for a compensable rating under the applicable diagnostic codes.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, left ear hearing loss, a respiratory disorder due to asbestos exposure, migraine headaches, visual disability, and back disability. The reasons given were that there was no credible evidence of in-service stressors for PTSD, no current diagnoses related to service for other conditions, and the Veteran's accounts of events during service were not credible.

The Board has remanded the case due to additional development being necessary, including obtaining VA and private treatment records.

The Veteran's claim for an effective date earlier than November 21, 2006, for the award of a TDIU is denied as there is no legal basis for such an award.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO in Waco, Texas.

The Board has determined that the Veteran did not file a timely substantive appeal in response to the October 2002 denial of his claims for service connection for low back and cervical spine disorders. As such, the decision is final based on the evidence then of record.

The Veteran's cervical and lumbar spine disabilities have been rated as intervertebral disc syndrome, with the prior rating criteria applied until January 1, 2006. Since then, a higher rating of 40 percent has been granted for his intervertebral disc syndrome.

The Board has remanded the case to the RO for further development, including obtaining medical records and scheduling a VA examination. The Veteran's claims of service connection for various conditions are now pending.

The Board has granted a separate compensable rating of 10 percent for neurological abnormalities of the Veteran's bilateral lower extremities associated with his low back disability.

The Board has ordered a remand to obtain additional medical records and determine if the Veteran's degenerative disc disease is related to his military service.

The Board found no evidence to support service connection for the Veteran's bilateral foot disability or lumbar spine disability, concluding that any current conditions are not related to military service.

The Board has determined that the Veteran's low back condition and bilateral foot disorder are not related to his service or a service-connected disability, and thus denied both claims.