Back / lumbar spine decisions — 2014

The Board has reopened the Veteran's previously denied claim for service connection for a back disability and finds that it is related to his active service. The evidence shows multiple instances of back strain during service, and current diagnoses include lumbar spondylosis, facet arthropathy, lumbar degenerative disc disease, and thoracic degenerative change without fracture.

The Veteran's cervical spine disability and associated radiculopathy of the upper extremities were granted initial ratings, with the right and left arm disabilities each receiving a separate 20 percent rating effective February 13, 2004.

The Board denied the Veteran's claims of service connection for a left knee disorder, reopening of thoracic and lumbar spine disorders claim, initial rating for PTSD, and TDIU rating. The decision also found that new and material evidence had not been submitted to reopen the claim for service connection for thoracic and lumbar spine disorders.

The Veteran's lumbosacral myositis and associated radiculopathy are rated at the maximum allowable under VA guidelines, with no additional ratings for separate disabilities or incapacitating episodes.

The Board has determined that the Veteran's bilateral knee and lumbar spine disorders are not related to service, and therefore denied his claims for service connection.

The Veteran's low back disorder is currently rated at 20 percent, effective July 27, 2011. The Board found that the evidence did not support a higher rating prior to this date.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found that the Veteran's low back degenerative joint disease was not incurred in service and is not related to his service-connected right knee disability. Therefore, he did not meet the criteria for service connection or TDIU.

The Board has determined that the Veteran's current low back disability, diagnosed as lumbar arthritis, was not incurred in or aggravated by active military service.

The Board has determined that the Veteran's GERD is not related to service and therefore, denied his claim for service connection.

The Board has determined that the Veteran's lumbar and cervical spine disabilities were not incurred or aggravated during service, and thus cannot be granted on a direct basis. The secondary service connection claim for the cervical spine disability is also denied.

The Board denied the Veteran's claim for service connection for his cervical spine disabilities, including DDD and degenerative arthritis, finding that the preponderance of evidence did not support a relationship to his service.

The Board has remanded the case due to errors in the issuance of a Supplemental Statement of the Case and for additional development, including obtaining VA treatment records and allowing submission of new evidence.

The Veteran's lumbar spine disability was rated at 20 percent since September 3, 2008. Prior to that date, the disability warranted a 20 percent rating.

The Veteran's degenerative disc disease of the lumbar spine was granted a higher initial rating from 10% to 20%, effective June 10, 2009. The other two service-connected disabilities (right knee arthritis with history of chondromalacia and left knee degenerative joint disease) were not rated in excess of their current 10% ratings.

The Board has determined that the Veteran's low back disorder did not undergo an increase in severity during his active duty for training (ACDUTRA) and therefore, service connection cannot be established. The claim is denied.

The Board has remanded the claims for additional development and readjudication, as requested in a previous remand. The Veteran will be provided with a Supplemental Statement of the Case.

The Veteran's claim for service connection for a low back disability was granted, resulting in a 60% disability rating effective from January 1, 1994. The attorney fees were determined to be reasonable based on the services provided and complexity of the case.

The Board has reopened the Veteran's claim of service connection for a bilateral ankle disorder and determined that new and material evidence has been received. The Board also found that generalized osteoarthritis, which is hereditary in nature, was incurred during service.

The Board has determined that the Veteran's right shoulder, lumbar spine, and cervical spine disabilities are not related to his military service. The claims for these conditions have been denied.