Back / lumbar spine decisions — 2014

The Veteran's claim for increased ratings and service connection were both denied. The initial rating of 10% for lumbosacral spine degenerative changes was maintained, while the secondary service connection claim for cervical spine disability was not addressed due to procedural issues.

The Board denied the Veteran's claim for an earlier effective date for service connection of multi-level lumbar spine disc herniations and degenerative joint disease with radiculopathy, finding that no earlier applications to reopen the claim existed.

The Veteran's lumbar spine disability, including osteoarthritis and degenerative disc disease (DDD), was found to be incurred in service. The right knee disability is also granted.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a low back disability. The cervical spine disability is not related to active service, nor is it secondary to a service-connected disability. Carpal tunnel syndrome was also not incurred in or aggravated by active service, nor is it secondary to a service-connected disability.

The Veteran's appeal is remanded due to the need for a more contemporaneous examination of his service-connected lumbar spine disability, as well as additional treatment records.

The Board has remanded the case due to the Veteran's request for a videoconference hearing.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to new evidence and symptomatology.

The Veteran's claims for service connection for a back disability and an acquired psychiatric disorder have been denied as there is no evidence of these conditions during his active duty service, or that they are related to any service-connected disabilities.,VA has also determined that the Veteran does not meet the criteria for initial compensable evaluations for his service-connected burn scars.

The Board has determined that new and material evidence was received to reopen the claim for service connection for a low back disorder. The Veteran's current diagnosis of degenerative joint disease is related to his in-service injury, but not to the January 1991 injury as he reported. Service connection is granted for arthritis due to its chronic nature since separation from service.

The Board has remanded the case for additional development, including obtaining updated medical records and scheduling VA examinations to assess the Veteran's low back condition and bilateral hearing loss.

The Veteran's claims for higher ratings for his service-connected lumbar disc disease, left lower extremity radiculopathy, right knee arthritis, and left knee arthritis were denied. The Board found that the evidence did not meet the criteria for a rating higher than 40 percent for lumbar disc disease with mechanical low back pain or a rating higher than 10 percent for residuals of shrapnel wounds to the back with left lower extremity lumbar radiculopathy, right knee arthritis, and left knee arthritis.

The Board denied the Veteran's claims for an effective date prior to September 26, 2008, for the award of service connection for his left hamstring and hip disability, as well as his lower back disability. The decision found that the earliest date of receipt of a claim was September 26, 2008.

The Veteran's service-connected right and left hip disabilities, as well as his service-connected lumbar spine disability, are granted. The Veteran is also awarded a TDIU based on the combined effect of these conditions.

The Board denied the Veteran's claims for service connection for a back disability, bilateral ankle disability, increased ratings for right and left knee disabilities. The decision was based on the lack of new and material evidence to reopen the claim for service connection for a back disability.

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

The Board has granted service connection for a low back disability and a cervical spine disability, finding that the Veteran's current disabilities are causally related to his active service.

The Veteran's claims for increased ratings for his service-connected cervical and lumbosacral spine DDD were denied as the evidence did not meet the criteria for a higher rating.

The Veteran's nonservice-connected disabilities do not meet the criteria for entitlement to nonservice-connected disability pension due to their combined rating of 40 percent, which does not reach the required percentage threshold.

The Board has determined that new and material evidence has not been received to reopen the previously denied claim for service connection for a low back disability.

The Board has determined that the Appellant's discharge from active duty in July 1967 was under conditions other than honorable, which bars him from receiving VA disability benefits. The case is being remanded to provide proper notice and for further development.