Back / lumbar spine decisions — 2013

The Board has remanded the case due to the need for further development of non-Federal records related to the claim.

The Board has determined that the Veteran's osteoarthritis of the left knee and degenerative disc disease of the lumbar spine are related to his active military service.

The Veteran's appeal for increased evaluations of his cervical spine disability has been withdrawn.

The Veteran's claim for an increased rating for low back strain with degenerative disc disease, L5-S1, was granted. The initial rating assigned is 10 percent prior to April 8, 2009 and 40 percent thereafter.

The Veteran's appeal is remanded due to the need for further development, including obtaining SSA records and providing supplemental medical comments. His claims of service connection are pending.

The Veteran's back disability is not service-connected due to lack of evidence linking it to his military service. His bilateral foot and shoulder disabilities are pending as the evidence is insufficient to determine their connection to service.

The Board denied the Veteran's claims for service connection for intervertebral disc syndrome (IVDS) of both the cervical and lumbar spine, finding that there was no evidence linking these conditions to his military service.

The Veteran's claims for increased ratings and initial evaluations were granted, with a rating of 40 percent assigned for his service-connected herniated nucleus pulposus of the lumbar spine. The other conditions received favorable decisions as well.

The Board has granted service connection for a low back disability and residuals of umbilical hernia. The issues regarding the gastrointestinal disorder including GERD, esophagitis/ gastritis, and residuals of hiatal hernia are addressed in the remand portion.

The Veteran's service-connected lumbar spine disability did not meet the criteria for a higher rating prior to July 27, 2009.

The Veteran's claims for increased ratings and an earlier effective date for TDIU were denied. The Veteran is currently rated at 60 percent for intervertebral disc syndrome with degenerative disc disease of the lumbar spine, but not higher, from April 11, 2012. He also has separate 20 percent ratings for radiculopathy of the right and left lower extremities from November 30, 2011 to June 14, 2013, with no higher ratings thereafter.

The Veteran's claim for service connection for a left knee disability was reopened, and the Board granted service connection. The Veteran also received an increased rating of 20% for his lumbar spine disability with separate ratings for right and left lower extremity radiculopathy.

The Veteran's claim for an increased rating for lumbosacral strain was denied, and the current disability rating of 40 percent remains unchanged. The claim for TDIU due to service-connected disabilities was also denied.

The Board has granted service connection for low back arthritis, finding that the Veteran sustained an in-service injury and has continuous symptomatology since then.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection of a low back disorder. The original denial is being remanded due to incomplete records, including those from hospitalization in Germany.

The Board has determined that the Veteran's low back disability had improved, warranting a reduction from a 40 percent rating to a 20 percent rating. The evidence showed less forward flexion and other functional limitations.

The Board has remanded the case due to the Veteran's request for a videoconference hearing.

The Board has decided to remand the case for additional development due to incomplete medical records.

The Board has reopened the Veteran's claim for service connection for a right shoulder disability and remanded his claims of increased ratings for lumbosacral strain and dorsal spine compression fractures. The case is now being returned to the RO for further development.

The Veteran's appeal has been withdrawn, and the Board does not have jurisdiction to proceed with the decision.