Back / lumbar spine decisions — 2011

The Board found no evidence of a chronic low back disability related to service and denied the claim for service connection.

The Board has determined that there is sufficient evidence to support the claim of service connection for degenerative disc disease of the lumbar spine, granting the appeal.

The Veteran's appeals for higher initial ratings for posttraumatic headaches, hypertension, and low back strain have been dismissed as the Veteran has indicated satisfaction with the current ratings.,The Veteran's appeal of service connection for sleep apnea has been granted.

The Board has granted service connection for lumbosacral strain and denied service connection for degenerative disc disease of the lumbar spine status post laminectomy. The right ankle disorder (claimed as Achilles tendonitis) is not currently addressed in this decision.

The Board found no current diagnoses or evidence linking the Veteran's claimed conditions to his military service, and thus denied all claims for service connection.

The Board found that the Veteran's service-connected disabilities did not prevent him from obtaining and retaining gainful employment prior to June 29, 2007.

The Board found that the Veteran's neck and low back disabilities did not exist prior to service, nor were they aggravated by service. Therefore, his claims for service connection are denied.

The Veteran's service connection for chronic low back strain was restored, effective from April 1, 2009. The issues of evaluating the disability and determining secondary service connection for peripheral neuropathy remain pending.

The Veteran's appeal is remanded due to incomplete records and the need for additional examinations. The claims of increased rating for lower back disability, compensable rating for bilateral hearing loss, and earlier effective date for TDIU are all pending.

The Veteran's claim for an annual clothing allowance for 2009 was denied because the application was not received by August 1, 2009, as required by VA regulations.

The Board has remanded the case for further development, including obtaining additional evidence and scheduling a VA examination. The Veteran's claims for increased rating, TDIU, and extraschedular evaluation are also being considered.

The Board has ordered a remand due to the need for additional development, including obtaining SSA records and scheduling a VA examination. The Veteran's claim of service connection for a low back disorder will be reconsidered based on all evidence received.

The Board has remanded the case due to new evidence obtained from service treatment records, and a VA examination is needed to determine if the Veteran's current back disability had onset in service or is otherwise related to a disease or injury in service.

The Veteran's lumbosacral degenerative disc disease has been rated at 10 percent since August 2, 2005. From January 8, 2007, he was granted service connection for right lower extremity radiculopathy and pain as secondary to his service-connected lumbosacral condition.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative before the Board could issue a decision.

The Veteran's initial rating for low back disability was granted at 20 percent from February 14, 2000 through August 18, 2005. From August 19, 2005, the Veteran is rated at 40 percent for his service-connected lumbar spine disability.

The Board has determined that the May 17, 1982 rating decision which terminated the Veteran's entitlement to a total disability evaluation based on individual unemployability due to his service-connected back disability was a product of clear and unmistakable error. As a result, the TDIU award is restored.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, which reflects his limited range of motion and functional impairment. The disability does not meet or approximate criteria for a higher rating under any applicable diagnostic code.

The Veteran's claims for service connection of right knee, bilateral hip, neck and low back disorders were denied as there is no evidence of a current disability. The Board finds that the Veteran does not have any of these conditions.

The Board has remanded the case for separate evaluations of cervical and lumbar spine disabilities, as the existing ratings are combined in the June 2011 rating decision. The RO should assign separate ratings for each disability and implement them accordingly.