Back / lumbar spine decisions — 2013

The Veteran's claims for service connection were denied due to his failure to report for scheduled VA examinations. The Board also noted that additional development was required, including obtaining mental health records from active duty service.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment, as evidenced by his continued education and part-time work.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support an increase in rating for lumbar spine disability or a higher initial evaluation for pain disorder.

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

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on current evidence.

The Board found that the Veteran's low back disorder is not causally or etiologically related to any disease, injury, or incident in service; arthritis did not manifest within one year of the Veteran's discharge from active duty; and it is not caused or aggravated by a service-connected disability.

The Veteran's service-connected collapsed arch of the left foot is rated at 10 percent, effective September 30, 2008. The Board found that his condition met the criteria for a noncompensable rating throughout the initial period on appeal and granted an increased evaluation to 10 percent as of September 30, 2008.

The Board denied the Veteran's claims for service connection for DDD and DJD of the lumbar spine, finding that his current low back disability was not directly related to any event or injury in service.

The Board found no evidence to support a connection between the Veteran's current low back disability and his service, thus denying his claim for service connection.

The Veteran's chronic mild lumbar muscular spasms were rated at 10% prior to August 15, 2013. Since then, the disability has been rated at 20%. The Board found that the evidence supported a higher rating.

The case is being remanded for further development, including additional medical opinions and evidence. The Veteran's service connection claim for sleep apnea will be reviewed to determine if it began during service or was aggravated by his rhinitis disability. His TDIU claim will also be reviewed.

The Veteran's service-connected disabilities, including low back disability and radiculopathy of the right and left legs, did not preclude him from securing and maintaining substantially gainful employment prior to January 23, 2007.

The Board has determined that new and material evidence has not been presented to reopen the claims for service connection for back disability, neck disability, bilateral hearing loss, or kidney cancer.

The case is being remanded to the RO for scheduling a Travel Board hearing at the Los Angeles VARO. The Veteran's appeal will be handled in an expeditious manner.

The Veteran's service-connected right knee disability has been rated as 10 percent for limitation of flexion and 0 percent for limitation of extension. The Board found that the evidence did not support ratings in excess of these percentages.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and conducting new examinations to assess his bilateral hearing loss, lumbosacral strain, and PTSD.

The Veteran's claims for bilateral hearing loss disability and an increased rating for his shell fragment wound of the right lumbar area were denied. The claim for PTSD was not addressed in this decision.

The Veteran's claim for an increased rating for his service-connected degenerative arthritis of the lumbar spine has been granted, with a current disability rating of 40 percent. The issue of entitlement to TDIU remains on appeal.

The Board found that the Veteran's motor vehicle accident, which resulted in his back disability, was due to willful misconduct and therefore not incurred in line of duty. As a result, service connection for the back disability cannot be granted.

The Board has determined that the reduction of the Veteran's disability rating from 40 percent to 20 percent for his degenerative disc disease of L4-L5 and L5-S1 was proper, effective November 1, 2009. The Veteran is not entitled to a higher disability rating.