Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's pre-existing lumbar spine disability was aggravated by service, and therefore grants service connection for this condition.

The Veteran's lumbar spine disability is rated at 40 percent disabling, effective from September 1, 2001. The rating was increased to 50 percent in February 2007 and has remained at 40 percent since March 1, 2005.

The Board found that the Veteran's back disability was not incurred in service and denied his claim.

The Veteran's cervical spine disorder, with degenerative disc disease and radiculopathy, developed in service and is considered to be directly related to his military service.

The Board finds that the Veteran's claims for effective dates earlier than May 24, 2006 are denied as there is no credible evidence of an earlier claim and the VA Form 21-526 was received on May 24, 2006.

The Board found no evidence of PTSD and denied the Veteran's claim for service connection.

The Veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following substantially gainful employment, warranting a TDIU.

The Board has remanded the claim due to new evidence submitted by the Veteran, including in-patient clinical records from his hospitalization for a low back injury in 1980. The claim will be reconsidered on its underlying merits.

The Board denied reopening of the Veteran's claims for service connection due to lack of new and material evidence.

The Board has received a withdrawal of the appeal from the appellant, resulting in the dismissal of all issues.

The Board has determined that the Veteran's diabetes mellitus, peripheral neuropathy, erectile dysfunction, bilateral foot disability, and lumbar spine disability are not related to his active service or a service-connected condition. The claims for these conditions have been denied.

The Veteran has withdrawn his appeal for all issues currently under consideration.

The Veteran's TDIU claim is being referred to the Under Secretary for Benefits or Director of Compensation and Pension Service for an extra-schedular evaluation due to his service-connected disabilities. The case will be remanded after this review.

The Board has determined that the Veteran did not have an in-service event, injury or disease to which his spine arthritis and L1 compression fracture residuals may be related. As a result, service connection for back disability is denied.

The Veteran's lumbar spine disorder is related to service and he was granted service connection. The right knee disability, characterized by pain, swelling, and giving way, warrants a 10 percent evaluation under the applicable rating criteria.

The Veteran's claims for constipation and/or fecal incontinence, neurological impairment due to fusion of spine, right leg disorder (claimed instability, cramping, and muscle spasms), erectile dysfunction, and urinary incontinence are all denied as secondary to his service-connected residuals of compression fracture of the first lumbar vertebra.

The Board has remanded the Veteran's claims due to incomplete service treatment records and the need for further medical examination. The Veteran is seeking service connection for right foot, right leg, and low back disorders, which are currently considered secondary to a right foot condition.

The Veteran's claim for service connection for a back condition is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied, while his claim for an initial disability evaluation in excess of 10 percent for degenerative disc disease of the lumbar spine was granted. The TDIU claim is being remanded due to lack of evidence.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling a VA spine examination.