Back / lumbar spine decisions — 2015

The Board has determined that there was no pending claim prior to January 21, 2010, and the evidence does not demonstrate a 'factually ascertainable increase' warranting an increased rating between January 21, 2009, and January 21, 2010. Therefore, the criteria for an effective date earlier than January 21, 2010, have not been met.

The Board has determined that the Veteran's back disability is secondary to his service-connected knee disabilities and has granted service connection for this condition.

The Board has determined that the Veteran's thoracolumbar spine disability had its onset in service and granted service connection for degenerative disc disease of the thoracolumbar spine.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a finding of service connection for any of the claimed conditions.

The Veteran's service-connected lumbar strain, thoracic spine DDD, disc protrusion, and neuroforaminal narrowing was rated at 10 percent prior to September 17, 2010. Since then, the disability has been rated at 20 percent.

The Board has determined that the Veteran's tinnitus is related to service, and therefore grants service connection for this condition. The low back disorder claim will be remanded as it was not fully addressed in the previous rating decision.

The Veteran's claim for an initial disability rating in excess of 10 percent for degenerative disc disease of the lumbar spine at L5-S1 is being remanded for additional development.

The Veteran's right knee degenerative joint disease was caused by his service-connected degenerative changes of the lumbosacral spine, and he is granted service connection for this condition.

The Veteran's claim for service connection for a low back disorder was denied in March 2005. The effective date of the grant of service connection for chronic lumbar strain with congenital sacralization at L5, degenerative disc disease, and spondylolysis is set to October 4, 2007.

The Veteran's tinnitus is service connected, and he is granted a noncompensable rating for his left foot hammertoe. The issue of service connection for the lumbar spine disability has been remanded due to inadequate examination findings.

The Board has granted service connection for dermatitis, finding that the Veteran's current skin disability had its onset during his active service. The issues of increased initial ratings for right knee strain and right ankle strain are also remanded.

The Veteran's claims for increased ratings and service connection are being remanded as the current evidence is insufficient to determine the severity of his lumbar sprain and tension headaches, claimed as migraines. Additionally, a TDIU claim is also being remanded due to its inextricability with other issues.

The Veteran's claims for service connection and increased evaluations are being remanded due to the need for additional examinations, treatment records, and a review of SSA records.

The Veteran requested to withdraw his appeal regarding the service connection for a low back disability, and as such, the Board dismisses this issue.

The Board has remanded the case for referral to the VA Under Secretary for Benefits or the Director of the Compensation and Pension Service to consider assignment of a total rating based on individual unemployability due to service-connected disability on an extraschedular basis prior to September 22, 2009.

The Board has determined that additional development is needed for the Veteran's claims, including VA examinations and obtaining updated medical records.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records. The issues on appeal are related to his service-connected conditions and a new shoulder disability.

The Veteran's appeal is being remanded due to the lack of post-service clinical records and the need for additional examinations. The claims will be re-adjudicated after all requested information is provided.

The Veteran's appeal is being remanded for additional development, including obtaining updated clinical records and arranging for a VA examination to assess the severity of his cervical and thoracolumbar spine disabilities.

The Veteran's back disability is not service-connected as it did not start during his military service and there is no evidence of a nexus between the current condition and service. The Board finds that the preponderance of the evidence is against the claim.