Back / lumbar spine decisions — 2014

The Veteran's degenerative disc disease of the lumbar spine is not productive of unfavorable ankylosis, incapacitating episodes lasting six weeks, or neurological deficits. Therefore, his claim for a higher evaluation has been denied.

The Veteran's service-connected lumbosacral strain with mild degenerative disc disease does not meet the criteria for a higher disability rating as it does not result in specific functional limitations that would warrant an increased rating.

The Board found that the Veteran's service-connected low back disability did not render him unemployable, as there was no objective evidence of any impairment sufficient to make it impossible for him to follow a substantially gainful occupation.

The Board found that the Veteran's low back disorder and acquired psychiatric disorder were not incurred or aggravated by service, and denied both claims.

The Board has granted service connection for sleep apnea effective June 1, 2005. The issue of entitlement to TDIU prior to August 30, 2012 is remanded due to inadequate opinions regarding the combined effect of all service-connected disabilities on employability.

The Veteran's claim for increased ratings for low back strain with degenerative changes was denied. The Board found that the evidence did not meet the criteria for a higher rating at any point during the appeal period.

The Board has determined that the Veteran's lumbar spine disability is not related to service and does not meet the criteria for service connection on a direct basis.

The Veteran's claims for service connection were denied due to lack of evidence supporting the claimed conditions. The Board granted his petition to reopen the claims for low back and left shoulder disorders, but found no new or material evidence to support these claims.

The Veteran's appeal is being remanded for further action, including scheduling a videoconference hearing.

The Board has determined that a rating in excess of 40 percent for gout of the great toes is warranted, as it results in incapacitating exacerbations occurring 3 or more times per year.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for a left knee disability, degenerative disc disease of the lumbar spine, bilateral ulnar nerve compression, and hypertension. The Board finds these conditions are related to active service.

The Board has remanded the case due to outstanding treatment records and further examination is needed for bilateral hearing loss, tinnitus, and low back disability.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of his low back disability. The claim will be reconsidered after these actions.

The Veteran's degenerative disc disease of the low back had its onset in service and is therefore granted service connection. The Veteran's PTSD has been rated at 30 percent since February 7, 2007.

The Board has decided to remand the case for further examination and opinion regarding the Veteran's back condition, as there are inconsistencies in the medical records and need for clarification on whether a preexisting condition was aggravated by service.

The Veteran's claims for service connection were denied as her claimed conditions are not shown to be related to her active duty or National Guard service.

The Veteran's low back disability, arthritis in the hands and knees, and sleep disorder are all found to have origins in his active service.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for an acquired psychiatric disorder and coronary artery disease. The remaining issues have been denied.

The Veteran's appeals for service connection for a bilateral ankle disability and a headache disorder have been withdrawn. The remaining issues of service connection are addressed in the REMAND portion.

The Veteran's appeal is being remanded due to the need for additional examinations and records.