Back / lumbar spine decisions — 2014

The Veteran's back disability is found to be related to his active duty service, and the claim for service connection is granted.

The Board denied the Veteran's claims for service connection for GERD, low back disability, and neck disability due to a lack of new and material evidence. The claims were not reopened as there was no indication that current disabilities are related to service.

The Veteran's appeal for service connection for left thigh dermatitis was withdrawn. The Board also dismissed the claim of service connection for right 1st metatarsophalangeal joint osteoarthritis as there is no evidence showing it was incurred in or aggravated by service.

The Board has determined that the Veteran does not have a left shin or right ankle disability. The claim for service connection for back disability is denied.

The Board has remanded the case for additional development, including a new VA examination to assess the current severity of the Veteran's service-connected low back disability. The appeal is not about service connection at all.

The Board has remanded the case due to new evidence and for additional medical opinions regarding the Veteran's lumbar spine disorder. The cervical spine disorder issue is also pending.

The Board denied the Veteran's claims for service connection for various conditions, including lumbar spinal degenerative disc disease, contact dermatitis (claimed as concrete poisoning), depression, essential tremors of the hands, diabetes mellitus, and erectile dysfunction. The decision also addressed a claim for right total hip arthroplasty but found no evidence linking it to service.

The Board has found that there is no current diagnosis of a bilateral hip disability and therefore, the Veteran's claim for service connection for this condition must be denied.

The Board has found that the Veteran does not have a current respiratory condition and thus service connection for this condition is denied.

The Board denied the Veteran's claims for service connection for a left knee disability, low back disability, right upper extremity disability, and left upper extremity disability. The evidence did not establish an in-service injury or disease that could be linked to these disabilities.

The Board has determined that the Veteran's low back disorder is not related to his military service.,There is no evidence of a hip condition during or after military service, and the current hip conditions are not considered service-connected.

The Board has determined that there was clear and unmistakable error in the February 1996 rating decision, which denied service connection for a low back disorder. As a result, the effective date of the grant of service connection is set to December 4, 1995.

The Board has remanded the claims for further development due to incomplete service treatment records and need for new VA examinations.

The Veteran's claim for an increased rating for his lumbar spine disability was denied as the evidence did not show ankylosis or incapacitating episodes of at least six weeks in the past 12 months.

The Veteran's service-connected thoracolumbar spine disability, including spondylosis with degenerative disc disease (DDD), has not met the criteria for a compensable rating at any time during the appeal period.

The Board has determined that the Veteran's lumbosacral strain and right hip strain are aggravated by his service-connected knee disabilities, warranting service connection for these conditions.

The Veteran's appeal is mixed, with some issues granted and others not. The service connection for the lumbosacral spine disorder to include degenerative disc disease and facet syndrome was granted, but the issue of an initial rating in excess of 20 percent, prior to October 8, 2013, and 60 percent thereafter for degenerative joint and disc disease of the thoracolumbar spine is still pending.

The Board has determined that the Veteran's cervical spine disability, diagnosed as degenerative disc disease and traumatic arthropathy, was incurred in service.

The Veteran's claims for increased ratings and an earlier effective date for TDIU were denied. The Board found that the evidence did not support a higher rating or earlier effective date.

The Veteran's service-connected disabilities preclude him from performing gainful employment for which his education and occupational experience would otherwise qualify him, warranting a TDIU on an extra-schedular basis.