Back / lumbar spine decisions — 2013

The Veteran's service connection claim for a back disorder remains pending and is not addressed in this decision.,His initial ratings for chronic cystitis have been granted, with effective dates ranging from September 15, 1999 to December 22, 2011. The current rating of 30 percent applies since December 22, 2011.

The Veteran's claims for increased ratings for DDD and DJD of the lumbar spine have been denied as his disability has not met or approximated the criteria for a higher rating at any time during the appeal period.

The Board found that the Veteran's current low back disorder is not service-connected as it did not manifest during her period of active duty or within one year thereafter, and there was no evidence linking it to a service-connected condition. The examiner concluded that the low back disorder is more likely caused by fibromyalgia with IBS.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a VA examination to determine the nature and etiology of any current acquired psychiatric disability or symptoms.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to her service-connected lumbosacral strain and sciatica.

The Board has granted a 40 percent rating for the appellant's post-operative degenerative disc disease of the thoracolumbar spine, effective April 15, 2013.

The Veteran's service-connected degenerative changes of the lumbar spine and associated left leg radiculopathy have rendered him unable to secure and follow a substantially gainful occupation, warranting a TDIU rating effective September 25, 2006.

The Board finds that service connection is granted for Crohn's disease, bilateral knee disabilities, and low back disability. The effective date of the grant will be determined based on the evidence provided.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected back strain with degenerative disc disease, and for additional development of medical records.

The Board has reopened the Veteran's claims for service connection for low back disorder and bilateral eye disorder, finding new and material evidence. Service connection is granted for the knee disabilities as secondary to the service-connected right and left knee conditions. The rating for the bilateral eye disorder remains unchanged.

The Veteran's appeal is being remanded for a Travel Board hearing due to his inability to attend the previously scheduled hearing.

The Board found no evidence of a low back disability during service and insufficient credible evidence to establish a nexus between the current condition and service. The Veteran's claim for service connection was denied.

The Board has determined that additional development is needed to verify the Veteran's service dates and obtain all relevant medical records. The Veteran's claims for service connection will be remanded for further action.

The Board has remanded the case for additional development, including obtaining medical records and a VA examination to assess whether the Veteran's current low back disorder and lumbar radiculopathy with right foot drop are related to service.

The Board has remanded the case for further development, including a medical opinion regarding the Veteran's low back disorder and whether it is related to service. The appeal will be reconsidered after this additional development.

The Veteran's claim for service connection for a low back disorder, diagnosed as grade I retrolisthesis, is granted. Service connection is denied for degenerative changes in the lumbar spine and spondylolisthesis.

The Veteran's service-connected lumbar spine disability was found to not meet the criteria for a higher rating prior to June 3, 2011.

The Board denied the Veteran's claims of service connection for a hernia disorder and low back disorder, finding no probative evidence of current disabilities or their incurrence in service.

The Board has remanded the claims for further development due to a hearing officer's retirement and the need for another Travel Board hearing.

The Board has remanded the case for clarification of the opinion regarding the etiology of the Veteran's sleep apnea, specifically addressing whether his medications and service-connected disabilities have caused or aggravated his sleep apnea.