Back / lumbar spine decisions — 2014

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is remanded due to the need for a VA examination to determine the nature and etiology of his current back disability.

Your appeal is being remanded to the RO for scheduling a video conference hearing before a Veterans Law Judge at the Board in Washington D.C.

The Board has determined that the Veteran's lumbar spine disorder existed prior to service and is not related to service or an incident of service origin.,Regarding his right lower extremity peripheral neuropathy, the evidence does not show it was present in service or until many years thereafter and is not related to service or an incident of service origin.

The Veteran's degenerative joint disease of the lumbosacral spine is currently rated at 40 percent, but his left lower extremity radiculopathy with sciatic nerve disability warrants a separate 20 percent evaluation.

The Veteran's appeal is granted, with the restoration of a 40 percent evaluation for thoracolumbar strain aggravating juvenile epiphysitis and an initial increased disability rating in excess of 30 percent for PTSD.

The Board has reopened the claims for service connection for thoracolumbar spine, left knee, and right knee disabilities. The Veteran's back and leg conditions are being evaluated as secondary to his service-connected hallux valgus with degenerative joint disease.

The Board denied service connection for tinnitus and a low back disability, finding that the Veteran's current conditions are not related to his military service.

The Board has determined that the Veteran does not meet the criteria for service connection for a spine disability, right foot hallux valgus, bilateral breast reduction, or chronic headaches. The claim for an acquired psychiatric disability is denied as there is no current diagnosis and it is less likely than not caused by service. Service connection for sleep apnea, left knee, and right knee disabilities cannot be established due to lack of evidence.

The Board has determined that the Veteran's lumbar spine disability and coronary artery disease were not incurred in or aggravated by service.,However, the cervical spine disability is considered to have had its onset during service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for low back disability and left knee disability. The Veteran's current conditions are found to be related to his military service.,Service connection is granted for a low back disability, as it is considered directly related to active duty for training in 1972.

The Veteran's service-connected lumbar spine degenerative arthritis does not meet the criteria for a disability rating in excess of 40 percent at any time during the appeal period.

The Veteran's claims for higher ratings for DJD of the right knee and DDD of the lumbar spine were denied as his conditions do not warrant a rating in excess of 10 percent.

The Board has determined that the effective date for service connection of a lumbar spine disability with spondylosis, spondylolisthesis, and early traumatic arthritis should be changed from February 1, 1999 to March 5, 1990 due to clear and unmistakable error in the original rating decision.

The Board has remanded the case due to incomplete records and further investigation is needed into the appellant's character of discharge, service connection for a low back disorder, and other relevant factors.

The Board denied the Veteran's claim of service connection for a chronic low back disability and hypertension, both for accrued benefits purposes. The evidence submitted since the last denial was not considered material as it did not relate to an unestablished fact necessary to substantiate the underlying claims.,Service connection for hypertension could not be established as there is no evidence showing that the condition was incurred or aggravated by service.

The Board has granted service connection for a low back disability, finding that the Veteran's degenerative disc disease is related to his active military service.

The Veteran's low back disorder is rated at 40 percent, effective November 2011. He also has separate ratings for radiculopathy of the left and right lower extremities.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including VA examinations.

The Board denied service connection for asthma and low back strain, finding that the Veteran's current conditions were not related to his active duty service.

The Board has remanded the case for additional development to include adjudicating the issues on a de novo basis, including obtaining VA treatment records and providing clarifying opinions regarding the nature and etiology of the Veteran's asthma and his back, bilateral knee, left hip, and left leg disabilities.