Back / lumbar spine decisions — 2012

The Board denied the appellant's claim for an earlier effective date of TDIU, finding that the April 1983 rating decision implicitly denying his informal claim for TDIU was final and no new evidence had been submitted to reopen this issue.

The Board granted service connection for a left knee disability, effective August 5, 2003, the date of the Veteran's application to reopen his claim. The effective date was not earlier than this due to the procedural history and VA regulations.

The Veteran's sleep apnea, bilateral hearing loss with tinnitus, and hemorrhoids are presumed to have been incurred in service. The low back disorder is not related to service, but the knee disorders are considered presumptively due to exposure to burn pits. No effective date was assigned as all conditions were granted.

The Board denied the Veteran's claims for increased ratings for his service-connected bilateral pes planus, right hallux valgus, left hallux valgus, and bilateral shoulder osteoarthropathy, bilateral knee osteoarthropathy with chondromalacia, and bilateral ankle osteoarthropathy. The appeals were based on the Veteran's complaints of pain and tingling in his feet and joints.

The Board has denied the Veteran's claims of service connection for bilateral sprained ankles, left knee disability, low back disability, and left elbow disability due to lack of new and material evidence.

The Board found no evidence of a chronic middle or low back disability in service and concluded that the Veteran's current condition is not related to her military service.

The Veteran's service-connected disabilities do not meet the criteria for an automobile or other conveyance and adaptive equipment due to loss of use of one or both feet.

The Board has remanded the case due to insufficient development of evidence, including a need for additional VA examinations and retrieval of relevant medical records.

The Veteran was granted a combined disability rating of 70 percent for service-connected disabilities effective August 25, 2005. The Board found that the Veteran met the criteria for TDIU as of this date and confirmed the effective date of January 17, 2006.

The Board has remanded the case due to inadequate medical opinion regarding service connection for a lumbar spine disorder. The Veteran's claim will be further developed and reviewed.

The Board has denied the Veteran's claim for a higher combined rating on account of service-connected disabilities under 38 C.F.R. � 4.25, finding that his combined ratings were accurately calculated both in the June 1998 rating decision and in the February 2012 rating decision.

The Veteran's appeals for service connection for a lumbar spine disability and bilateral knee disabilities have been dismissed as the Veteran has withdrawn his appeal.

The Veteran's service-connected left thigh myositis ossificans warrants a 50 percent disability rating, effective from May 12, 2011. The Veteran is also found to be in need of regular aid and attendance for special monthly pension purposes.

The Veteran's initial claim for a higher rating for his low back disability was granted, with an evaluation of 10 percent effective September 4, 2008. The RO increased the evaluation to 20 percent effective July 21, 2010.

The Veteran's claim for an increased rating for his lumbar spine disability was denied. The initial rating prior to August 24, 2009 is not higher than 10 percent and the rating from that date onward is not higher than 20 percent.

The Veteran's tinnitus was found to be incurred in service, and he is granted service connection for this condition. The Board finds that further development is necessary before it can determine the etiology of his other conditions.

The Veteran's low back strain with degenerative disc disease L1-L2 is currently rated at 40 percent, which is the maximum schedular evaluation. The neck sprain has been evaluated as noncompensable prior to May 12, 2008 and 10 percent thereafter.

The Veteran's claim for service connection for lumbar spine degenerative changes, which is secondary to his service-connected left knee degenerative arthritis, has been remanded due to the need to obtain medical records from private providers and Social Security Administration (SSA) records.

The Board has dismissed the issues of reducing the Veteran's rating for his lower back disability and severing his TDIU rating as these decisions have been effectively subsumed by a new decision granting a higher rating for the back disability and awarding TDIU.

The Board has granted service connection for lumbar and cervical spine disabilities, finding that the Veteran's current symptoms are related to her in-service injuries. The effective date is not specified as it was granted during the appeal process.