Back / lumbar spine decisions — 2013

The Board has remanded the case for a new examination to determine if the Veteran's low back disability is related to his service-connected left foot disability and whether any additional back-related disabilities found are service connected.

The Veteran's service-connected spondylosis of the lumbar spine was initially rated at 10 percent prior to May 2, 2006 and has been granted a higher rating since then. The issue of entitlement to TDIU is addressed in the REMAND portion.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Veteran's claim for service connection for a low back injury has been reopened and is granted. The claim for service connection for a left knee disability is denied. The claim for an increased rating for left ankle sprain with persistent peroneal tendinitis and pes planus remains pending.

The Veteran's thoracolumbar condition was evaluated at a 10 percent disability rating from May 29, 2007, to February 28, 2010, and from June 1, 2010, to December 15, 2010.

The Veteran seeks service connection for a back disability, which he claims is related to his active service and/or his service-connected right knee disability. The Board finds that additional development is needed to determine the nature and etiology of the Veteran's current back disability.

The Board has determined that the Veteran's substantive appeal was timely filed, and thus his appeals for increased ratings and service connection are granted.

The Board has reopened the claim of service connection for a low back disability and finds that new and material evidence has been submitted. The Veteran's current low back disability is found to be related to his active military service.

The Veteran's back disability was originally service connected in May 1999 and rated at 40 percent. The RO reduced the rating to 40 percent effective January 1, 2010 without considering applicable regulations for reductions of more than five years. As a result, the reduction is void ab initio.

The Veteran's bronchitis and bilateral hearing loss were denied service connection due to lack of evidence.,Service connection for low back disorder was also denied as there is no established link between the condition and service period.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine, chronic obstructive pulmonary disease (COPD) with asthmatic bronchitis, pain disorder, gastroesophageal reflux disease (GERD) with Crohn's disease, and allergic rhinitis, have rendered him unable to obtain or maintain substantially gainful employment. The Board finds that he is entitled to a TDIU.

The Board has granted service connection for Posttraumatic Stress Disorder (PTSD) and dismissed the claim for a back disability. The Veteran's PTSD is found to be related to his in-service sexual assault, which he reported during boot camp.

The Veteran's appeal is being returned to the RO for rescheduling a videoconference hearing due to his inability to attend the originally scheduled hearing.

The Board has remanded the case due to new evidence received since the November 2011 statement of the case, and further development is required before a final decision can be made.

The Veteran's timely notice of disagreement with the July 2010 rating decision has been acknowledged, and his claims for service connection are now considered.

The Veteran's claims for increased ratings and service connection were denied, as the evidence did not meet the criteria for such benefits at the time of his death.

The Board has remanded the case due to inadequate examination and lack of continuity of symptomatology documentation. The Veteran needs a new VA examination to determine if her current back disorder is related to service.

The Veteran's appeal includes claims for increased ratings and service connection, as well as a TDIU claim. The Board has ordered additional development to obtain medical records and VA examinations.

The Board has determined that the Veteran does not have a current acquired psychiatric disorder or low back disorder that is related to his military service. The evidence shows no in-service diagnosis of these conditions and no link between any such conditions and service.

The Board has granted service connection for hepatitis C and remanded the issues of increased rating for left knee chondromalacia and TDIU. The Veteran's low back disorder is related to his active duty service, while the nature and severity of his left knee disability need further clarification.