Back / lumbar spine decisions — 2014

The Veteran's TBI was granted service connection, while his claim for an increased disability evaluation for degenerative disc disease of the lumbar spine was denied.

The Board has determined that the Veteran's lay statements and testimony in support of his claim are credible, and a VA opinion is needed to consider these statements as well as those from a fellow service member. The Veteran's low back disability is related to active military service.

The Veteran's claim for service connection for mid-back and cervical spine disorders is being remanded due to inadequate medical opinions from the VA examiner. Additional development, including obtaining SSA records, is required.

The Veteran's bunions were previously denied in an October 2005 rating decision. The claim was reopened, but new and material evidence has not been submitted to reopen the claim.,Service connection for a back disability is granted. Service connection for sleep apnea is also granted as secondary to service-connected coronary artery disease and diabetes mellitus type II.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for any of his service-connected conditions.

The Board has reopened the claim of service connection for a low back disorder and found that new and material evidence was received. The Board then determined that the current low back disorder is not related to service.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, right shoulder disorder, left shoulder disorder, back disorder, and right knee disorder. The claim for a compensable rating for bilateral hearing loss was also denied.

The Veteran's claim for an initial rating greater than 40 percent for his service-connected degenerative disc disease of the lumbosacral spine with stenosis and a herniated disc is being remanded due to the need for updated VA examination.

The Veteran's claims for increased ratings for his degenerative disc disease of the lumbar spine, partial paralysis of the left lower leg, and partial paralysis of the right lower leg were denied. The current ratings are considered appropriate.

The Veteran's right knee ACL repair residuals are rated at 20 percent, effective June 18, 2008. The Board found that the criteria for a disability rating of 20 percent were met due to frequent episodes of 'locking', pain, and effusion into the joint.

The Veteran's appeal is being remanded due to the need for a current examination of his service-connected low back disability. The issue remains on appeal regarding increased evaluations.

The Veteran's claim for an increased rating for lumbosacral strain was submitted on August 20, 2008. The Board finds that the earliest effective date allowable under the law is August 20, 2007.

The Board has determined that the VA examination conducted in December 2010 is inadequate and a new VA examination should be conducted to address whether the Veteran's back disability, right knee disability, and right hip disability were caused or aggravated by his service-connected foot disability.

The Veteran's claim for a TDIU is being remanded due to the need for additional VA examinations and updated treatment records. The RO/AMC will reassess his employability status in light of all evidence.

The Board has remanded the case for additional development, including obtaining STRs and a VA examination to determine if any current low back disabilities are related to service.

The Veteran has withdrawn her appeal for an initial higher rating of 40 percent for degenerative disc disease of the thoracic spine, T11-12. The case is being remanded to obtain additional treatment records and schedule a VA examination for allergic rhinitis.

The Veteran's claims for higher ratings for his service-connected low back and left ankle disabilities are being remanded due to the need for further development, including obtaining Social Security Administration records and VA clinical records, as well as scheduling a VA examination.

The Veteran's death was not service-connected, but he was in receipt of compensation at the time of his death. The appellant used her personal funds to pay $400.00 towards the Veteran's funeral expenses and is therefore eligible for non-service connected burial benefits.

The Board has remanded the Veteran's claims for additional development to obtain outstanding medical records and to provide her with new VA examinations. The claims are being returned to the RO for further action.

The Veteran's low back disorder is found to have had its onset during active service and the Board grants service connection for this condition.