Back / lumbar spine decisions — 2014

The Veteran's service-connected low back strain with degenerative disc disease was not shown to meet the criteria for a higher initial rating prior to August 2, 2011. Since August 2, 2011, his disability has not met the criteria for an increased rating beyond 20 percent.

The Veteran's appeal is remanded for additional development, including a new VA examination to evaluate his low back and service-connected shell fragment wound of the right lower back.

The Board has granted benefits under the HISA program for converting the Veteran's existing bathtub to a walk-in shower, as this is necessary to provide access to essential lavatory and sanitary facilities.

The Veteran's claim for a higher rating for his back disability was denied, and he is currently receiving an initial 40 percent rating for sciatic nerve damage of the right lower extremity.

The Veteran's appeal is being remanded to the AOJ for scheduling a Travel Board hearing. The issues of entitlement to service connection for low back, left hip, and right knee disabilities are pending.

The Board has granted service connection for right lumbosacral polyradiculopathy as secondary to the Veteran's service-connected lumbar spine disability, effective November 24, 2008. The Veteran is also entitled to a higher initial rating of 40% and TDIU.

The Board has denied the reopening of claims for service connection for various shoulder, knee, and lumbar spine disorders as well as migraine headaches. The Veteran's current diagnoses are not considered to be related to his active duty service.

Service connection for a low back disability and a cognitive disorder manifested by memory loss is not warranted as there is no evidence of such conditions in service or within one year post-service.,The Veteran's current eye and lung disabilities are also not shown to be related to his military service.

The Board has determined that additional development is needed before the claims can be fully adjudicated, including obtaining medical records and scheduling the Veteran for examinations to determine if she currently has disabilities related to service.

The Veteran's service-connected low back disorder is currently evaluated as 10 percent disabling. The Board found that the disability picture does not warrant a higher rating based on the criteria in the Rating Schedule.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and medical opinions regarding the etiology of his claimed disabilities.

The Veteran's service-connected disabilities, including a left knee disability, bilateral hearing loss, diabetes mellitus, back disability, right knee disability, and left ankle and foot disability, preclude him from securing or following substantially gainful employment consistent with his education and industrial background. The Board finds entitlement to TDIU is warranted.

The Veteran's appeals for service connection have been dismissed due to his withdrawal of the claims from appellate review.

The Board is remanding the claims for a psychiatric disorder, sleep disorder, and neck and shoulder disorder due to new and material evidence being found. The claims are also being remanded for additional development including VA examinations.

The Veteran's lumbar spine disability is currently rated at 40 percent effective December 2, 2011. His bilateral ankle and left foot disabilities are not compensable. The right toe arthritis is rated at 10 percent.

The Veteran's appeals for service connection on the issues of liver disorder, left heel fracture, bilateral testicle disorder, and other conditions have been withdrawn. The remaining claims are dismissed.

The Board has remanded the case due to outstanding medical records and a need for an addendum opinion regarding whether service-connected shrapnel fragment wound aggravates left knee and back disabilities.

The Veteran withdrew his appeal of the claims for a compensable rating for erectile dysfunction and service connection for a back disability, including as secondary to a service-connected disability.

The Board has found new and material evidence to reopen the Veteran's claim for service connection of a low back disability. The Veteran is entitled to a VA examination to determine if his current condition is related to active duty service.

The Veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for a new VA examination and consideration of additional medical records.