Back / lumbar spine decisions — 2014

The Veteran's claim of entitlement to a rating in excess of 20 percent for her service-connected lumbar spine disability is being remanded due to the need to obtain VA treatment records and possibly conduct further examination.

The Veteran's service-connected disabilities, including his right foot and ankle condition, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that the criteria for a TDIU rating are met.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities was granted effective as of April 13, 2006. The Board found that the increase in disability occurred more than one year prior to the date of the claim and thus denied an earlier effective date.

The Veteran's lumbar spine disorder, hypertension, and prostate disorder are found to be related to his service. Service connection is granted for these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and providing the Veteran with VA examinations to assess his current PTSD and posttraumatic headaches.

The Veteran seeks service connection for a low back disability, including degenerative disc and joint disease as well as scoliosis of the lumbar spine. The Board has determined that additional development is needed to properly adjudicate his claim.

The Veteran's osteoarthritis of the lumbosacral spine does not meet or approximate the criteria for a disability evaluation greater than 10 percent.

The Board denied the Veteran's claim for an earlier effective date of December 3, 2004 for his TDIU due to CUE in a May 2011 rating decision. The Veteran did not meet the criteria for TDIU prior to December 3, 2004.

The Board denied service connection for low back, knee, hip, and shoulder disorders, finding no clear and unmistakable evidence of preexisting conditions and insufficient medical nexus to link current disabilities to service.

The Board has determined that the Veteran's low back disability is not related to his service-connected right ankle disability and therefore denied the claim for service connection.

The Veteran's claim for service connection for bilateral foot disorders is being remanded due to the introduction of a new issue (obesity) and inextricability with the existing issues. The AOJ should adjudicate both claims before making a final determination.

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

The Veteran has withdrawn his appeals regarding the reopening of service connection claims for degenerative disc disease of the lumbar spine, an upper respiratory condition (to include sleep apnea), bilateral hearing loss, and tinnitus. As a result, these issues are dismissed.

The Veteran's initial compensable evaluation for the service-connected lumbar spine disability was granted prior to April 12, 2013. Effective from that date, a separate rating of 20 percent each for radiculopathy in both lower extremities was assigned.

The Board has determined that the Veteran's current low back disability is at least as likely as not related to his in-service injury during required National Guard training, and thus grants service connection for this condition.

The Board has remanded the claims for service connection due to issues regarding secondary service connection and additional development is required.

The Veteran's initial ratings for his service-connected lumbar spine disability and radiculopathy in both lower extremities have been denied. The effective dates for the awards of service connection are set at October 21, 2010.

The Veteran's claims for increased ratings and a TDIU were denied. The Board found that the evidence did not support an increase in rating for his service-connected back disability or tinea cru, and also determined that he was not entitled to a TDIU.

The Board has dismissed the appeal due to the appellant's withdrawal of her appeal prior to a decision being made.

The Board denied service connection for sleep apnea and granted a 20% rating for degenerative disc disease of the lumbar spine, but did not find that either condition was incurred in or aggravated by military service.