Back / lumbar spine decisions — 2015

The Veteran's thoracolumbar disability was not found to warrant initial ratings in excess of the assigned 0 percent prior to January 31, 2008 and a compensable rating for his bilateral eye disability.

The Board has reopened the claim of service connection for residuals of a back injury due to new evidence. The remaining claims are remanded for further development.

The Board has determined that the Veteran's low back disability, including degenerative disc disease, spondylosis, and lumbar disc herniation with sciatica, is proximately due to his service-connected bilateral iliotibial band syndrome of the knees.

The Board found that the Veteran's claim for an earlier effective date for a 10% rating for his low back condition was granted, with the effective date set at May 21, 1979.

The Veteran's appeal is being remanded to provide her with a Board video conference hearing on the issues of service connection for various conditions and increased ratings.

The Veteran's appeal is being remanded for further development and consideration of his claims, including obtaining medical records and employment information.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting examinations to assess the severity of his service-connected disabilities.

The Veteran's petitions to reopen previously denied claims for service connection have been considered. The appeals are currently in the denial stage.

The Veteran's lumbar spine disability is currently rated at the maximum allowable under the General Rating Formula for Diseases and Injuries of the Spine, with no higher rating warranted based on his limited range of motion. He also has radiculopathy in both lower extremities which warrants separate ratings.

The Veteran's claim for service connection for a back disability was granted with an effective date of May 2, 1995. This corresponds to the date he filed his original claim within one year of separation from active duty.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The claims for service connection for degenerative disc disease of the cervical spine, shoulder disorders, hearing loss, tinnitus, loss of balance and vertigo, chest pain, heart dysrhythmia, and blood clots and phlebitis were denied. The claim for a total rating based on individual unemployability was also denied.

The Veteran does not have any additional disabilities as a result of the March 2006 VA medical treatment, and there is no evidence that such treatment was caused by carelessness, negligence, or lack of proper skill on the part of VA.

The Veteran's appeal is remanded for further development, including a new VA examination to assess the current severity of his chronic lumbosacral strain and whether it was incurred in or aggravated by service. Additional treatment records should also be obtained.

The Veteran's back condition is not service-connected as there is no evidence of a chronic disease in service and the current disability did not manifest within one year after separation from service. There is also no competent medical evidence linking his current back disability to military service.

The Veteran withdrew his appeal for service connection for tinnitus, a low back disorder, and hypertension.

The Board has determined that additional development is needed to obtain the Veteran's National Guard records, SSA records, and private treatment records. The Veteran will also be scheduled for a VA examination to determine the nature and etiology of any currently diagnosed left knee disorder, including any residual scar. This case will then be readjudicated based on all evidence.

The Board found that the Veteran's service-connected disabilities did not render him unemployable prior to October 19, 2005, and thus denied an earlier effective date for his TDIU rating.

The Veteran's claims for service connection for various conditions, including COPD, lumbar spondylosis, carpal tunnel syndrome of the upper extremities, varicose veins, and weakness in the legs, were denied as there is no credible evidence linking these conditions to his military service.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and right lower extremity radiculopathy are being remanded to allow for consideration of an extraschedular rating due to the severity of his symptoms, which have significantly impacted his employment.