Back / lumbar spine decisions — 2015

The Veteran's lumbar spine strain with degenerative disc disease is rated at 40 percent. The left lower extremity radiculopathy is rated at 20 percent from January 9, 2009 to January 5, 2012; and 10 percent prior to that period. An effective date of June 1, 2015 for the 20 percent rating for left ulnar neuropathy with cubital tunnel syndrome is granted.

The Veteran's separation pay was properly recouped from his VA disability compensation benefits, and restoration of the recouped amount is denied.

The Veteran's claims for service connection for hypertension, back disability (including arthritis), left knee disability (including arthritis), and right knee disability (including arthritis) were denied. Service connection was granted for coronary artery disease with a 60% rating, PTSD with a 50% rating, diabetes mellitus type II with a 20% rating, and chest scar with a 10% rating from April 24, 2013.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for chest disorder, left shoulder disorder, back disorder, and prostate disorder. However, after reviewing all available evidence, including VA treatment records, private physician opinions, and examination reports, the Board finds no current diagnosis of a chronic chest disorder related to active duty service.

The Board has remanded the case due to incomplete records and requests for additional information from the Veteran.

The Veteran's claims for service connection for left knee, lumbar spine, left hand neurological, and right hand neurological disorders were denied. The Board found that the Veteran does not have a current diagnosis of any of these conditions.

The Board denied the Veteran's claims for service connection for a back disability and a left knee condition, finding that there was no evidence of an in-service injury or disease related to these conditions.

The Board denied the Veteran's claim for an earlier effective date for the awards of a 40 percent rating for degenerative disc disease of the lumbar spine and right foot drop, finding that it was not factually ascertainable that an increase in disability occurred within the one-year period prior to September 15, 2009.

The Veteran's appeals have been withdrawn. The Board finds that the Veteran is unemployable due to his service-connected disabilities, and thus grants a TDIU.

The Veteran's claim for a higher rating for his service-connected right ankle disability is granted, with the effective date being September 10, 2013. The Veteran also has service connection established for arthritis of the right ankle and degenerative disc disease of the lumbar spine.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's claim for service connection is being remanded due to the need for additional development, including obtaining VA treatment records and affording the Veteran a VA medical examination.

The Board has determined that additional development is needed to determine the current severity of the Veteran's service-connected disabilities and to obtain relevant medical records. The case will be returned for further action.

The Board dismissed the appeal due to the death of the appellant, and no jurisdiction remains for further action.

The Veteran's claims for service connection for a right shoulder disability, bilateral foot and knee disabilities, back disability, and digestive disability/IBS have been remanded due to the need for additional development of medical evidence.

The Board found that the February 1994 rating decision denying service connection for hypertension, left lower extremity weakness, low back pain, hearing loss, cervical spine disability, depressive disorder, and headaches was not clearly and unmistakably erroneous.

The Board has remanded the case for further development, including scheduling a Travel Board hearing. The Veteran is seeking service connection for psychiatric disabilities and low back issues.

The Board has remanded the case due to inadequate consideration of a VA examiner's opinion and failure to address legal precedent in El-Amin v. Shinseki, 26 Vet. App. 136 (2013). The Veteran is also seeking TDIU based on his service-connected disabilities.

The Board has granted an effective date of November 28, 1957 for the grant of service connection for a low back disorder. The issues of subsequent ratings and entitlement to TDIU are remanded.

The Veteran's back disability is rated at 30 percent since March 24, 1998. The appeal for a higher rating and TDIU remains pending.