Back / lumbar spine decisions — 2014

The Board has denied the Veteran's claims for service connection for low back and right shoulder disabilities, finding that there is no evidence linking these conditions to his military service.

The Veteran's lumbar spine disability is rated at 20 percent, and the issues regarding radiculopathy in his lower extremities are addressed. The claims for increased evaluations have been denied.

The Board has determined that the Veteran's cervical spine and lumbar spine disabilities are service-connected.,The Board also found that the Veteran's right arm tremors are related to his service-connected cervical spine disability.

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

The Veteran's claim for service connection for diabetic retinopathy is granted, as it is related to his service-connected diabetes mellitus. The claims for bilateral fifth toe disorder and thoracic/lumbar spine disorder are being remanded due to the need for clarification regarding whether the Veteran still desires a hearing.

The Board found that the Veteran's current back disorder is not related to his in-service motor vehicle accident and does not meet the criteria for service connection.

The Veteran's appeal for increased ratings for his low back strain and radiculopathy, right lower extremity, has been withdrawn due to the Veteran expressing satisfaction with the current evaluations.

The Veteran's cervical spine disability was rated at 10 percent from March 29, 2007 to July 29, 2009 and increased to 30 percent from February 26, 2010. Her lumbar spine disability was initially rated at 10 percent during the same period.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional medical examination and development of records.

The Board found that the Veteran does not have a current left ankle disability and denied service connection for this condition. The claims of service connection for right knee, low back, and hypertension were also denied as secondary to his service-connected left knee disorder.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his lumbar spine and right knee disabilities.

The Veteran's claim for an initial evaluation in excess of 20 percent for his service-connected lumbar spine DDD is being remanded due to the need for additional VA examinations and records.

The Board has determined that the Veteran's right leg, low back, and bilateral hip disabilities are not related to his military service or a service-connected condition. The preponderance of evidence is against these claims.

The Veteran's claim for service connection for arteriosclerotic heart disease, status post myocardial infarction was denied as there is no evidence of the condition during or within one year after his service. The Board found that the Veteran did not have a current disability and could not establish a link to service.

The Veteran's service-connected disabilities meet the percentage rating standards for a TDIU and his unemployability is due to his service-connected conditions, resulting in an award of TDIU.

The Board has determined that the Veteran's low back disorder, diagnosed as spinal stenosis at L4-L5 and L5-S1 and lumbosacral strain, is related to his military service and grants service connection for this condition.

The Board has determined that the Veteran's lumbar spine disability, tinnitus, and bilateral hearing loss are not related to service. The claims for these conditions have been denied.

The Veteran's appeal is remanded due to a need for additional development, including obtaining private medical records and scheduling the Veteran for a VA examination. The claim for an initial rating higher than 20 percent for radiculopathy of the right lower extremity will also be remanded.

The Board has remanded the case for further development, including a VA examination and readjudication of the issues. The Veteran's low back disability is currently rated as 20 percent disabling under the General Rating Formula for Diseases and Injuries of the Spine. Bilateral lower extremity radiculopathy was granted service connection on April 2010 but combined with the back disability, resulting in a single rating. TDIU remains an issue.

The Veteran is entitled to a clothing allowance for the year 2010 due to wear and tear on his clothing from his service-connected low back disability.