Back / lumbar spine decisions — 2013

The Veteran is entitled to a TDIU from March 12, 2007 due to service-connected disabilities that rendered him unemployable.

The Veteran's claims for service connection are being remanded due to the need for additional development and consideration of his lumbar spine disability, as well as any potential bilateral leg disability.

The Board has remanded the claims for additional development and adjudication due to incomplete service treatment records and need for further examination.

The Board granted a TDIU from September 20, 2004 based on the Veteran's service-connected disabilities meeting the combined percentage threshold criteria under 38 C.F.R. § 4.16(a).

The Veteran's lumbar spine disability is currently rated at 10 percent, the maximum schedular rating available for limitation of motion. The claim for sinusitis and CTS has been reopened but no new evidence was provided to support these claims.

The Board has reopened the Veteran's claims for service connection for right and left knee disabilities, but is unable to proceed with a decision on the merits due to the need for additional development.

The Board denied the Veteran's claims for increased ratings for his service-connected cervical and lumbar spine disabilities, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claims for higher ratings were granted, with the low back disability receiving a rating of 40 percent effective from August 17, 2006. The equinus of both feet and radiculopathy of the right lower extremity received separate 20 percent ratings since August 17, 2006.

The Board has remanded the case for further development, including obtaining a medical opinion regarding whether the Veteran's low back disability is related to his service-connected bilateral knee disabilities. The claim will be reconsidered after this additional development.

The Board denied the Veteran's claims of entitlement to service connection for a back disability and a bilateral foot disability, finding no evidence linking these conditions to his military service.

The Board has determined that the Veteran's back disability, including arthritis, is not related to his military service and has denied his claim for service connection.

For the period from June 8, 2011, the Veteran's service-connected lumbosacral strain with mechanical low back pain has been manifested by limited motion and pain. The VA examination reports do not support a higher rating.

The Board found that the Veteran's current lumbar spine disability, including degenerative disc disease and degenerative joint disease, did not have its onset during service or within one year of separation from service. The VA examiner opined that it was less likely than not caused by a 1953 vehicle accident in service.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and VA treatment records.

The Board denied the Veteran's service connection claims for pes planus, low back problems, swelling of both hands, swelling of both legs, and ruptured appendix/appendectomy as there was no evidence showing a nexus between these conditions and his military service.

The Veteran's appeal is being remanded due to the need for clarification of private audiological reports and a new VA examination, as well as issuance of an SOC on the increased rating and reopening claims.

The Board has dismissed the claims for service connection for a lumbar spine disorder, as the Veteran and his representative withdrew this claim. The remaining issues of service connection for gout, skin disorders, left knee disorder, erectile dysfunction, and high cholesterol have been denied due to lack of evidence of an underlying disability.

The Veteran's right knee disability has been rated at 20 percent since December 2008. The claim for an increased rating is granted.

The Veteran's claims for service connection for a back disability and right knee disability are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Board has granted a TDIU effective January 5, 2009. The Veteran's service-connected disabilities had increased in severity to render him unable to engage in gainful employment as of that date.