Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's lumbar spine disability warrants a 40 percent rating effective from July 18, 2011.

The Board has determined that the Veteran's lumbar spine disabilities, other than his service-connected lumbar strain, are not related to his military service and therefore denied his claims for service connection.

The Board has determined that the Veteran's current right knee, ankle, foot, and low back disorders are not related to his military service or any incident therein. The Veteran's only service-connected condition is a residual of a fracture of the right thumb, which does not appear to be aggravated by these other conditions.

The Board found that the Veteran's current diagnosed back disability did not begin during or as a result of his active service.

The Veteran's service-connected back disability is currently rated at 20 percent, effective from November 12, 2001. The Board denied an initial rating in excess of 20 percent for the back disability and found that he is not rendered unable to secure or maintain substantially gainful employment as a result of his service-connected disabilities.

The Veteran's appeal is being remanded for further development and adjudication of his claims, including the issues related to service connection for psychiatric disabilities, a back disability, erectile dysfunction, sleep apnea, cervical spine degenerative disc disease, and left upper extremity radiculopathy.

The Board finds that the Veteran's claimed bilateral leg, left hip, and lumbar spine disabilities are not related to service or a service-connected disability. The preponderance of evidence is against these claims.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling VA examinations. The Veteran's claims will be reconsidered based on the new evidence.

The Board denied the Veteran's claim for an effective date prior to June 10, 2003, for the grant of TDIU as his disability was rated at 40% since 1978 and he did not meet the percentage requirements under 38 C.F.R. § 4.16(a) until June 10, 2003.

The Veteran's C5-C6 radiculopathy of the left arm associated with degenerative disc disease of the cervical spine is rated at 30 percent effective June 2, 2014.

The Board has determined that the Veteran's low back disability and heart disability are related to her active duty service, granting service connection for both conditions.

The Board has remanded the case due to the Veteran's request for a videoconference hearing. The appeal is not about service connection at all, but rather other issues related to compensation and rating.

The Board has determined that additional development is necessary to properly evaluate the Veteran's service-connected lumbar spine, right shoulder, and left shoulder disabilities. The case is REMANDED for further action.

The Veteran's claims for increased ratings are being remanded due to the need for additional development of his VA treatment records.

The Veteran's low back disability was restored to a 40 percent rating from January 13, 2009.,GERD is service-connected and effective as of the date of receipt of the claim.,Service connection for sleep apnea is granted and effective as of January 8, 2010.,CFS was not service-connected and no earlier effective date can be assigned.,Psoriasis is service-connected and effective as of the date of receipt of the claim.,Residuals of a TBI are service-connected and effective as of the date of receipt of the claim.

The Board has determined that the Veteran's low back disability is proximately due to his service-connected bilateral ankle disabilities and grants service connection for this condition.

The Board found that the Veteran's current lumbar spine disability is not related to his military service and denied his claim for service connection.

The Board has granted service connection for tinnitus with an effective date of March 26, 2009. The claim for a back disorder was reopened and granted.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling the Veteran for examinations to assess the severity of his service-connected disabilities.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of entitlement to service connection for lumbar spondylosis, which was previously denied in a December 2007 rating decision. The Veteran is granted this reopening.