Back / lumbar spine decisions — 2013

The case is being remanded for further development, including a new VA orthopedic examination and a VA audiological examination to determine the current level of severity of the Veteran's lumbar spine injury and bilateral hearing loss.

The Board found that the Veteran's current low back disorder is not related to his military service and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development to determine if her back disorder, including as secondary to service-connected bilateral pes planus, was caused or aggravated by her service-connected disability. The issue of entitlement to TDIU is also deferred until the service connection issue is resolved.

The Board granted an increased disability evaluation of 40 percent for lumbar spine degenerative changes, effective from May 11, 2012. The Veteran's right lower extremity radiculopathy and left lower extremity radiculopathy were each assigned a 10 percent initial disability evaluation, while chronic sinusitis with right nasal obstruction was increased to 10 percent.

The Veteran's claim for an increased rating for his service-connected back disability was denied as there is no evidence of incapacitating episodes or unfavorable ankylosis. The issue regarding TDIU was not addressed in this decision.

The Board of Veterans' Appeals has denied the Veteran's claim for service connection for a low back disorder. The case is being remanded to obtain additional medical evidence and consider the Veteran's request for VA compensation benefits from the Office of Workers' Compensation Programs.

The Board has determined that the Veteran's bilateral knee arthritis is related to service, and therefore grants service connection for this condition. The claim for a low back disorder secondary to the bilateral knee disability remains pending.

The Board has remanded the case due to inconsistencies in the Veteran's service dates and outstanding records. The low back disability claim will be further developed, including obtaining additional medical opinions regarding aggravation of the condition by a pre-existing flat feet disability.

The Board has determined that the Veteran's back disorder is due to a motor vehicle accident during service and not pre-existing, thus granting service connection for degenerative disc disease.

The Veteran's appeal was dismissed as the appellant withdrew his appeal prior to a decision being made.

The Veteran's service-connected disabilities, including chronic low back pain and neuritis of the left sciatic nerve, have prevented him from obtaining or retaining gainful employment.

The Veteran's appeal is being remanded to the RO in Denver, Colorado for further action including scheduling a videoconference hearing.

The Veteran's back disability was rated at 40 percent disabling, and the Board found that it did not warrant an evaluation in excess of this rating.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and left lower extremity radiculopathy were denied. The evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's lumbar spine degenerative disc disease has been rated at 60 percent effective August 17, 2001.,From September 9, 2010 to February 29, 2012, the Veteran's right lower extremity radiculopathy was rated at 40 percent and his left lower extremity radiculopathy was also rated at 40 percent.,Effective March 1, 2012, the Veteran's right lower extremity radiculopathy was rated at 60 percent and his left lower extremity radiculopathy was also rated at 60 percent.,The Veteran is granted a TDIU.

The Board found that the Veteran's low back and neck disabilities were not incurred in or aggravated by active service, nor are they proximately due to a service-connected disability. The VA examiners opined that these conditions did not have their onset during service or are otherwise related to service.

The Veteran's appeal involves his claim for service connection for hypersomnia, which he contends is secondary to his service-connected degenerative disc disease and neuropathy of the lower extremities. The Board has determined that a remand is necessary to obtain an opinion on whether his sleep disorder was aggravated by his service-connected disabilities.

The Veteran's claim to reopen his service connection for a low back disorder and bilateral foot disorder was denied again due to the lack of evidence showing an in-service injury or relationship to active duty.

The Veteran's low back disorder is rated at 40 percent disabling, effective February 16, 2011. Prior to this date, the disability was rated as 20 percent disabling. The left lower extremity radiculopathy has been rated at 40 percent since February 16, 2011.

The Board denied service connection for a back disorder and numbness of the feet, finding that these conditions were not incurred or aggravated by service or related to any service-connected disability.