Back / lumbar spine decisions — 2013

The Board has granted service connection for PTSD, lumbar and cervical spine disabilities, and chloracne. The decision also restored service connection for tinnitus effective May 1, 2008.

The Board has determined that the Veteran's low back, left knee, and coronary artery disease with left ventricular hypertrophy and mitral valve regurgitation, status post angioplasty, disabilities are all service-connected.

The Board has determined that additional development is needed, including obtaining Social Security Administration records and VA treatment records. The claims for reopening service connection will be reconsidered after this additional information is obtained.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and requesting a medical opinion regarding her unemployability due to service-connected disabilities prior to May 1, 2010. The case will also be referred to the Director of Compensation Services for extraschedular consideration.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling examinations to determine the nature of the appellant's disabilities and their relationship to service.

The Board has reopened the Veteran's claims for service connection for bilateral foot or toenail fungal condition and low back disability. The cases are REMANDED to the RO for further development.

The Board has remanded the case for additional development to determine if the Veteran needs regular aid and attendance due to his service-connected low back disability. The Veteran is currently service connected for recurrent lumbosacral strain with degenerative disc disease, but the VA examiner's findings are inadequate for a reasoned determination.

The Veteran's claims for higher initial ratings for lumbar spine degenerative disc disease and left lumbar radiculopathy were denied. The Board found that the evidence did not meet the criteria for a higher rating at any point during the appeal period.

The Veteran's lumbar spine disability was granted a 40 percent rating effective from September 29, 2011. The claim for TDIU is pending.

The Veteran's combined disability evaluation for compensation is 50 percent effective March 19, 2003. The criteria for entitlement to a TDIU are not met.

The Board found that the Veteran's low back disability, including degenerative disc disease of the lumbar spine, did not have its onset in service and could not be presumed to have been incurred therein. The evidence does not support a finding that the current condition is related to active duty.

The Board denied the Veteran's claims for service connection for left and right knee disabilities, as well as a higher rating for his lumbar spine disability before October 26, 2005. The appeal is remanded to determine if additional evidence supports these decisions.

The Veteran's claims for higher initial ratings for myositis ossificans of the right hip, arthralgia of the right ankle, and thoracolumbar spine strain were denied as her service-connected conditions do not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's low back strain with degenerative disc disease was rated at 10 percent prior to February 19, 2004 and increased to 40 percent beginning on that date.

The Board has granted service connection for low back strain, finding that the Veteran's condition began during service. Service connection was also granted for lumbar degenerative disk disease/stenosis.

The Veteran's claims for service connection for degenerative disc disease of the lumbosacral spine, bilateral hearing loss, and tinnitus were denied as there is no evidence that these conditions are related to his military service. The claim for residuals of asbestos exposure was not addressed due to lack of a diagnosis.

The Board has determined that the Veteran's cervical spine, lumbar spine, headache, and psychiatric disabilities are not service-connected as they did not have their onset in service or within one year thereafter, and there is no causal relationship between these conditions and his military service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of the appellant's service-connected thoracolumbar strain with degenerative changes.

The Veteran's thoracolumbar disability was denied an increased rating prior to September 6, 2012. The psychiatric disability was also denied an increased rating.

The Board found that the Veteran's congenital defect of the low back did not result in a chronic disability during service or for many years thereafter, and is not causally related to service. Therefore, the claim for service connection was denied.