Back / lumbar spine decisions — 2013

The Veteran's claim for an earlier effective date for the award of service connection for osteoarthritic changes of the lumbosacral spine has been granted.,The Veteran's claim for an earlier effective date for the grant of a TDIU rating is pending and will be addressed in the REMAND portion.

The Veteran's TDIU claim is granted as her combined disability rating throughout the period on appeal has been at least 70 percent, meeting the schedular requirement for a TDIU. The issue of whether new and material evidence has been received to reopen a claim of service connection for a psychiatric disorder remains pending.

The Board has remanded the Veteran's claims for service connection for a low back disorder and a cervical spine disorder to allow for additional development.

The Board found that the Veteran's back disability was not present in service or until many years thereafter and is not related to service. Therefore, the claim for service connection for a back disability has been denied.

The Veteran's neurological abnormalities (radiculopathy) of the lower extremities, including right and left lower extremity radiculopathy, are rated at 10 percent for the period from August 24, 2005 to October 31, 2011.

The Board denied the Veteran's claims for service connection for wrist, hip and back disabilities due to a lack of evidence showing these conditions were incurred in or aggravated by military service.

The Board has determined that the Veteran's right knee, right leg, and low back disorders are not related to his military service or any service-connected conditions. As such, he does not meet the criteria for service connection.

The Veteran's service-connected disabilities do not meet the schedular criteria for TDIU and he is not unemployable due to his service-connected disabilities even when his employment history, educational and vocational attainment, and all other factors having a bearing on the issue have been considered.

The Veteran's claims for service connection for a low back disorder and an acquired psychiatric disorder, claimed as depression, are being remanded due to the need for additional development of evidence.

The Veteran's low back disability, characterized as lumbar spondylosis and degenerative arthritis, was granted a 20 percent rating effective from March 19, 2012.

The Veteran's low back disorder resulted in significant functional impairment, including limited range of motion and incapacitating episodes. The Board granted a higher rating for the period from December 15, 2009.

The Veteran's claim for service connection for bursitis/hallux valgus of the left foot was denied as her condition did not have its onset during active service or result from disease or injury in service. The Board found that there is no causal relationship between the Veteran's current bunion deformities and her service.

The Veteran's appeal is remanded due to the need for additional development, including a new VA examination and consideration of his TDIU claim.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not meet the criteria for an evaluation above 10 percent for seasonal allergic rhinitis with reactive airway disease, diabetes mellitus was not incurred in active duty, hyperlipidemia is a laboratory finding, joint pain as a manifestation of a separately diagnosed disability from the service-connected left ankle arthritis and cervical and thoracolumbar spine arthritis did not have its onset during active military service, a thoracic spine disability representing a separately diagnosed disability from the service-connected thoracolumbar spine arthritis was not incurred in active duty, obstructive sleep apnea did not have its onset during active military service and is not etiologically related to, or otherwise worsened beyond its natural clinical progression by, service-connected seasonal allergic rhinitis with reactive airway disease. The claims for tuberculosis, a corneal abrasion of the right eye, and CTS of the left wrist were denied as well.

The Veteran's death was attributed to suicide due to his service-connected major depression, which contributed substantially or materially to his death.

The Veteran's claim for service connection of a back disorder is being remanded due to the need for additional medical examination and development of his post-service treatment records.

The Veteran seeks service connection for a low back disorder, which he contends was incurred during active service. The Board has determined that the VA examination is inadequate and additional development is needed to determine the nature and etiology of any diagnosed low back disorder.

The Veteran's claims for service connection are being remanded to obtain additional records and determine if new and material evidence has been submitted.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for left knee and lumbar spine disorders, which were previously denied in September 1998. As a result, these claims are now considered on their merits.

The Board has remanded the case to the RO for a Travel Board hearing due to the Veteran's request. The appeal is not about service connection and thus no specific decision on service connection can be made.