Back / lumbar spine decisions — 2013

The Board has granted service connection for bilateral lumbar radiculopathy of the toes and feet as secondary to service-connected lumbosacral strain. The claim for meralgia paresthetica is remanded for further clarification.

The Board has determined that the Veteran's lumbar spine strain and lumbar scoliosis are as likely as not attributable to his active military service.

The Veteran's claim for service connection for a lumbar back condition was denied as there is no evidence of a current disability related to his active military service. The claim for an increased rating for cervical spine degenerative disc disease was also denied due to the lack of medical evidence showing incapacitating episodes or favorable ankylosis.

The Veteran's current low back disability, diagnosed as degenerative disk disease of the lumbar spine, is related to his active duty military service and the Board has granted service connection for this condition.

The Board has determined that the Veteran was unemployable due to his service-connected disabilities as of January 21, 2005, and therefore grants an effective date of January 21, 2005 for TDIU.

The Veteran's low back disability is rated at 20 percent since March 28, 2006 and separate ratings of 20 percent are assigned for neurological dysfunction of the right and left lower extremities. The appeal remains pending as less than the maximum benefit available has been awarded.

The Board has remanded the case for further development, including obtaining updated VA treatment records and requesting an opinion from a VA gastroenterologist regarding whether the Veteran's service-connected hepatitis C alone renders him unable to obtain or maintain gainful employment. The TDIU claim is also being referred for extraschedular consideration.

The Veteran's claim for TDIU prior to November 17, 2010 is being remanded due to the need for referral to the Director of Compensation and Pension Services for extraschedular consideration.

The Board denied the Veteran's claims of service connection for a right foot disability, back disability, and gynecological disability. The Board found that there was no direct evidence linking these conditions to her military service.

The Veteran's claim for service connection for a lumbar spine disability was granted with an effective date of June 7, 2007. The Board found that the October 2001 rating decision did not contain clear and unmistakable error (CUE).

The Board denied the Veteran's claims for service connection for various conditions, including gastrointestinal disorder, ITP, recurrent infections, otalgia, bilateral hearing loss, lumbar spine disorder, bilateral hip disorder, and right hip scar. The reasons were that these conditions did not manifest in service or are unrelated to service.

The Board has denied the Veteran's claims for service connection for a low back disability, finding that it is not at least as likely as not related to his active duty or due to or aggravated by a service-connected condition. The claim for an increased rating for residuals of right ankle fracture was also denied, and the TDIU claim remains pending.

The Board denied the Veteran's claims of service connection for right shoulder, cervical spine, and lumbar spine disabilities due to lack of evidence linking these conditions to his military service.

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

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, and his claim was denied on both schedular and extraschedular grounds.

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

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and updated VA treatment records. The case will be readjudicated based on the evidence.

The Board determined that new and material evidence had not been received to reopen the previously denied claim for service connection of a chronic back disability.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and vocational rehabilitation documents. He needs to be provided with a proper VCAA notice letter addressing how to establish service connection on a secondary basis.

The Veteran's appeal is being remanded due to scheduling issues for a hearing before the Board of Veterans' Appeals.