Back / lumbar spine decisions — 2013

The Veteran's claims for increased ratings and separate ratings have been granted. He is now rated at 40 percent for his DJD of the lumbar spine, with a separate 10 percent rating for each knee condition.

The Board has determined that the Veteran's skin rash associated with tinea infection and/or dermatitis is likely related to service, while his back disorder was not present during service or within one year after service. The Board finds reasonable doubt in favor of the Veteran for both conditions.

The Veteran's service-connected lumbar spine, right knee, and left lower extremity conditions have been rated as appropriate based on the severity of his symptoms.

The Veteran's service-connected disabilities are found to be of such severity as to preclude substantially gainful employment, warranting a TDIU.

The Board found that the Veteran's degenerative disc disease of the thoracic spine did not have its onset during service and is not otherwise related to his military service, thus denying his claim for service connection.

The Veteran's appeal has been dismissed as the appellant, through his authorized representative, has withdrawn it.

The Board found that the Veteran's current low back disorder is not service-connected and denied his claim.

The Board found that the Veteran's back disability is not related to service or his service-connected diabetes mellitus type II, and thus denied his claim for service connection.

The Veteran's service-connected low back disability and associated radiculopathies have been rated based on their severity, with the highest rating of 40% for his left lower extremity radiculopathy from May 8, 2013 to the present. The Veteran's right lower extremity radiculopathy has also received a 20% rating effective May 18, 2013.

The Veteran is entitled to a TDIU for the period from December 15, 2009 through July 30, 2013 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Veteran's back condition is service-connected.,Glaucoma was not incurred in or aggravated by military service.

The Board has dismissed the appeal due to the appellant's request for withdrawal of his appeal.

The Veteran's cervical strain with DDD, lumbar strain with DDD, and left lower extremity atrophy are being remanded for further development as the VA examination is inadequate to address the etiology of these conditions.

The Veteran's appeal is remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his low back disability. The issue remains on remand as service connection for depression was not addressed.

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

The Veteran withdrew his appeal for increased ratings for cervical spine disability, lumbosacral strain, and left and right carpal tunnel disabilities prior to the Board's decision.

The Board has determined that the Veteran's lumbar spine, right knee, and left knee disabilities are not service-connected as they are not related to his military service or any incident therein. The preponderance of evidence shows that these conditions did not develop during service or until many years after service.

The Board has determined that the Veteran's low back disorder is more likely than not causally related to his military service, including both active duty and National Guard service.

The Board has determined that the Veteran's current cervical spine disorder is at least as likely as not related to his military service, including two in-service injuries. Service connection for this condition is granted.