Back / lumbar spine decisions — 2014

The Veteran's lumbar spine disability is rated at 40 percent, effective April 1, 2011. The left ankle and right knee disabilities are both rated at their maximum of 20 percent.

The Board has reopened the Veteran's service connection claim for a lumbar spine disability and granted it, finding that new evidence supports a relationship between his in-service fall and his current condition.

The Veteran's claim for service connection for lumbar spine disability is being remanded to the AOJ.,Service connection for headache disorder was denied. The Veteran's claim for PTSD remains pending.

The Veteran's claim for service connection for a low back condition, claimed as chronic low back pain, is being remanded due to the need for additional development and consideration of new evidence.

The Veteran's service-connected disabilities do not meet the percentage rating standards for TDIU. The Board finds that he is not unemployable due to his service-connected conditions.

The Board found that the appellant's cervical and lumbar spine disorders were not incurred or aggravated by service, as there was no evidence of a chronic condition in service and no current disability. The preponderance of the evidence is against the claims.

The Veteran's appeal is remanded due to the need for a Statement of the Case (SOC) on all issues raised in his notice of disagreement.

The Board has determined that the Veteran does not have a spine disability, acquired psychiatric disorder (including PTSD), or obstructive sleep apnea that is related to his active service.,VA examinations and medical opinions indicate no link between these conditions and the Veteran's military service.

The Veteran died in October 2007 and had no pending claims for VA benefits at the time of his death. Therefore, there was no accrued benefit to be paid as he did not have any unpaid periodic monetary benefits due.

The Veteran's service-connected disabilities, including his musculoskeletal conditions and abdominal injury, render him unable to secure and follow a substantially gainful occupation.

The Veteran's service connection claim for right lumbar spine radiculopathy has been granted. The issues of entitlement to service connection for a left knee disorder and an increased rating for the right knee disability are pending.

The Veteran's claims of service connection for a lumbar spine disorder and an increased evaluation for PTSD are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Board has found the current evidence insufficient to decide the claim for service connection for a low back disorder and has therefore remanded the case for further development, including scheduling a VA medical examination.

The Board has granted service connection for a lumbar spine disability and assigned an effective date of September 11, 2008. The Veteran's right knee instability is rated at 20 percent disabling, while painful limitation of motion of the right knee is rated at 10 percent. The left ureteral calculus (kidney stone) has been rated as non-compensable.

The Board has determined that additional development is necessary for the Veteran's claims of increased evaluations for his lumbar spine and GERD conditions. The case will be returned to the AOJ for further action.

The Board has remanded the case for additional development due to incomplete records, including those from private providers and VA facilities.

The Veteran's claim for service connection for a low back disorder was received within one year of his separation from active duty, and the Board has granted an effective date of September 1, 1992 for the award of service connection.

The Board has determined that there was clear and unmistakable error in the March 1989 rating decision denying service connection for a low back disorder. The effective date of January 6, 1989 is granted.

The Veteran's cervical spine disability was not incurred or aggravated during service and is not related to his military service. The Board found no evidence of a chronic cervical spine disorder during service, and the medical evidence does not show treatment or diagnosis of these problems until 20 years after service.,Service connection for bilateral wrist, right thumb, bilateral eye, and right knee disabilities was not addressed in this decision.

The Veteran's appeal involves multiple service-connected disabilities, including degenerative arthritis of the lumbar spine, diabetes mellitus, type II, and various orthopedic conditions. The Board has determined that additional VA examinations are needed to assess the current severity of these conditions.