Back / lumbar spine decisions — 2013

The Board has remanded the case for further development, including an addendum to a VA examination and addressing whether the Veteran's calluses aggravated his low back disorder.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for a compensable disability rating or higher for his lumbosacral strain, except for the period of November 13, 2002 to July 2, 2003 when he was granted a 20% rating.

The Board found that the Veteran's chronic low back disorder was not incurred in or aggravated by active military service, nor is it proximately due to, the result of, or aggravated by a service-connected disability. The appeal for service connection for a low back disorder secondary to bilateral knee disorders was denied.

The Board has remanded the case for additional development, including a VA spine examination and consideration of functional loss due to flare-ups. The Veteran's claim for an increased evaluation remains pending.

The Board found that the Veteran's low back disability was incurred in service, as there is no clear and unmistakable evidence to rebut the presumption of soundness at entry into service.

The Board denied the Veteran's claims for service connection for a back disorder, an increased rating for plantar fasciitis of the right foot, and entitlement to TDIU due to service-connected disability. The evidence did not support the Veteran's allegations of in-service injury or treatment related to his current conditions.

The Veteran's service-connected disabilities were of such severity that they precluded him from securing and following substantially gainful employment prior to June 29, 2012.

The Board found no evidence of a relationship between the Veteran's current upper back disorder and his military service.

The Board denied the Veteran's claims for service connection for various disabilities, including PTSD and acquired psychiatric disorders, as well as his secondary service connection claims. The back disability was not found to be related to a right elbow disability, nor were any of the other claimed disabilities found to be related to or aggravated by the right elbow disability.

The Veteran's low back disability was initially rated as noncompensable prior to February 2012 and has been rated at 10 percent since then. The right leg radiculopathy remains at a 20 percent rating.

The Board found no evidence that the Veteran's back disability began during or was otherwise caused by his military service, and therefore denied the claim for service connection.

The Veteran's appeal is remanded for additional development, including consideration of VA treatment records and clarification from the Director of the Compensation and Pension Service regarding his entitlement to an extraschedular rating.

The Board has remanded the case for additional development due to inadequate examination reports. The appellant's back and ankle disabilities are being evaluated again, with a focus on whether they are related to his service-connected knee disabilities.

The Veteran's claim for a TDIU was granted with an effective date of May 21, 2008. The Board has determined that the criteria for an earlier effective date of August 28, 2002 were met due to his service-connected disabilities.

The Veteran's claims for increased ratings are being remanded to obtain additional VA examinations and to obtain any outstanding private or VA treatment records.

The Board has determined that the payment of $172.80 in attorney fees from past-due benefits is proper based on the award of service connection for various disabilities.

The Board has decided to remand the case for additional development, including obtaining Social Security Administration records and Womack Army Hospital treatment records.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain a substantially gainful occupation as of December 13, 2000, the date his back disability met the criteria for a 40 percent rating. The effective date is set at December 13, 2000.

The Veteran's chronic joint problems, including as due to an undiagnosed illness or other qualifying chronic disability under 38 U.S.C.A. § 1117, were not found to be related to his service and are therefore denied.

The Board denied service connection for bilateral hearing loss disability due to lack of evidence meeting VA's definition of a disability. Service connection was not granted for left eye disorder or low back disorder as the claim is pending.