Back / lumbar spine decisions — 2014

The Veteran's appeals for service connection for a fractured left ankle and lumbar spine issues have been remanded due to the need for a videoconference hearing.

The Veteran's low back disability and radiculopathy have not met the criteria for higher initial ratings at any time during the appeal period.,The Veteran's low back disability has been rated as 40 percent disabling since May 30, 2012. The right lower extremity radiculopathy has been rated as 20 percent disabling since May 30, 2012. The left lower extremity radiculopathy has also been rated as 20 percent disabling since May 30, 2012.

The Veteran's lumbar spine disability was not manifested by unfavorable ankylosis of the entire thoracolumbar spine from August 1, 2008 to March 12, 2010 and since March 12, 2010. The criteria for higher initial evaluations were not met.

The Veteran's service-connected DDD with right sacroiliitis at L5-S1 and right lumbar radiculopathy are currently rated as 20 percent and 10 percent, respectively. The Board found that the schedular ratings adequately compensate for his symptomatology.

The Board found that the Veteran's lumbar spine strain is not related to his active duty service and denied his claim for service connection.

The Board has determined that the Veteran's current degenerative disc and joint disease of the lumbar spine is as likely as not related to an injury during service, granting his claim for service connection.

The Board has granted the Veteran's claims of service connection for lumbar and cervical spine disorders.

The Veteran's claims for service connection are being remanded due to the need for additional development and consideration of the evidence.

The Board has determined that the Veteran does not have a current back disability and therefore, service connection cannot be established.

The Veteran's claims of entitlement to initial ratings in excess of 10 percent for callosities of the left and right great toes, as well as his claim for service connection for a lumbar spine disability, were denied by the Board.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective August 16, 2002. The Board found that the evidence does not support a higher rating based on limitation of motion or intervertebral disc syndrome. However, the Veteran was granted TDIU prior to December 14, 2012.

The Board has determined that the Veteran's current low back disability is related to his in-service injury, and service connection for this condition is granted.

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

The Board has determined that the Veteran's current low back disorder is related to his service, as he reported an in-service injury and subsequent surgeries. The condition was not caused by any event or illness during service.

The Board has ordered additional development to obtain VA treatment records from before May 1991 and a supplemental opinion regarding the etiology of the Veteran's back disability. The appeal is currently remanded for these purposes.

The Veteran's appeal is being remanded for additional development to obtain medical records and to verify his stressors related to PTSD. The VA examinations are also rescheduled.

The Veteran's diabetes mellitus has been rated at 20 percent since July 19, 2006. The Board found that the evidence did not support a higher rating and granted service connection for hypertension, back disorder, and neck disorder.

The Board has determined that the Veteran is not entitled to a temporary total rating due to hospital treatment for PTSD, and his claims of service connection for back and right knee disorders have been denied as new and material evidence was not received.

The Veteran's claim for an increased rating in excess of 40 percent for his service-connected low back syndrome with radiculopathy is on appeal. The Board has ordered the case to be remanded for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board has remanded the case due to new evidence received after the most recent supplemental statement of the case. The Veteran's low back disorder claim will be reviewed, and service connection for foot, knee, eye, and left eye disorders will also be reconsidered.