Back / lumbar spine decisions — 2015

The Board has determined that the Veteran's low back condition, left knee chondromalacia, patellofemoral syndrome and iliotibial band syndrome of the bilateral knees were incurred in service.

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

The Veteran's claims for higher initial ratings were denied across multiple conditions, with the Board finding that the evidence did not meet the criteria for a rating in excess of 10 percent.

The Board denied service connection for a back disability and found that the Veteran's unemployability prior to June 25, 2013 was not due solely to his service-connected disabilities. The decision also noted that there is no effective date assigned for TDIU prior to this date.

The Board has determined that the Veteran's service-connected disabilities, including degenerative disc disease of the lumbosacral spine, right knee replacement, left knee chondromalacia and left knee debridement, were the underlying cause of his death from cardiac arrhythmia due to coronary artery disease. The Appellant's testimony supports this finding.

The Veteran's left knee disability was restored to a 40 percent rating, and the claim for service connection of his back disability has been reopened.

The Veteran's claims for service connection for a back disability and a compensable rating for his left leg scar were denied as the evidence did not support a finding that these conditions are related to his active duty service.

The Board has determined that additional development is needed to properly assess the Veteran's service-connected low back disability and remands the case for further action.

The Veteran's claim for a rating in excess of 20 percent for his low back disability was denied, as the evidence did not meet the criteria for such an increase.

The Board has determined that additional development is needed to adjudicate the Veteran's claim for service connection of a back disability, including obtaining VA treatment records and Social Security Administration (SSA) records. The Veteran will be provided an opportunity to submit evidence and respond to the decision.

The Veteran's claim for service connection for a low back disability has been reopened due to the submission of new and material evidence. Service connection is not granted as his current condition is found to be the result of willful misconduct.,The Veteran's claim for service connection for sleep apnea has also been reopened due to the submission of new and material evidence. However, service connection cannot be established as there is no direct link between his in-service exposure and his current condition.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional examinations and development of his service-connected disabilities.

The Veteran's lumbar disc bulge and narrowing, with chronic low back pain warrants an initial 10 percent rating. The Veteran's HPV, status post colposcopy and LEEP procedures is rated as non-compensable.

The Veteran's appeal is being remanded for the purpose of obtaining additional VA treatment records and scheduling him for a VA examination to assess his service-connected bilateral knee disabilities and lumbar strain.

The Veteran's service-connected disabilities, including Type II diabetes mellitus, gastroesophageal reflux disease, and coronary artery disease, are found to preclude him from obtaining or maintaining substantially gainful employment.

The Board has determined that the Veteran's claimed disabilities, including a left shoulder disability, back disability, and left ankle disability, were not incurred or aggravated during his military service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's claim for a separate disability rating for radiculopathy of the left lower extremity prior to September 23, 2010 was denied as there is no evidence of neurological impairment sufficient to warrant such a rating.,The Veteran's claim for an initial disability rating in excess of 20 percent for radiculopathy of the left lower extremity from September 23, 2010 was also denied due to lack of evidence indicating at least severe incomplete paralysis.

The Veteran's representative has alleged CUE in the May 2011 rating decision that granted service connection for degenerative arthritis of the lumbar spine with an effective date of July 7, 2009. The appeal is currently pending and a SOC must be issued to address the issue of entitlement to an earlier effective date.

The Board has determined that the Veteran's back disability is related to his military service and grants service connection for this condition.

The Veteran's claim for increased ratings for his back disability has been denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent prior to July 21, 2010 and since July 21, 2010.