Back / lumbar spine decisions — 2015

The Board has granted service connection for lumbar spine spondylosis and assigned an effective date of May 21, 2008. The Veteran's claim was initially denied in December 1999 and again in December 2002. He filed a new claim on May 21, 2008, which led to the grant of service connection with an effective date of December 21, 2009. The Board found that the earliest possible effective date is May 21, 2008.

The Board found that the grant of service connection for lumbosacral degenerative disc disease in July 2010 was not clearly and unmistakably erroneous, thus restoring it. The severance of service connection was improper.

The Veteran's low back disability is rated at 10 percent, and his right lower extremity radiculopathy is also rated at 10 percent. The effective date for these ratings remains pending as the decision does not specify a specific effective date.

The Board has granted TDIU and DEA eligibility effective October 16, 2009. The Veteran's service-connected disabilities are considered to be one disability for purposes of meeting the percentage rating requirements under 38 C.F.R. § 4.16(a).

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional examinations, records review, and development of her Social Security Administration (SSA) disability claim.

The Veteran's appeal is being remanded for additional development, including obtaining VA examinations and reviewing the claims file to ensure all relevant evidence has been considered.

The Veteran's appeal is remanded for additional development, including obtaining Social Security Administration records and arranging a VA examination to determine the nature and etiology of any residuals of a traumatic brain injury.

The Veteran's appeal is being remanded due to the failure to report for a scheduled VA spine examination. The case will be readjudicated after further efforts are made to reach the Veteran and schedule a new examination.

The Board has remanded this case for additional development due to inadequate VA examinations and the need for a new opinion regarding the relationship between the Veteran's low back disorder and service or his service-connected foot disabilities.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded to the Agency of Original Jurisdiction (AOJ) due to a request for a Travel Board hearing.

The Veteran's claim for an increased rating of PTSD has been granted, with a current evaluation of 70 percent effective March 29, 2007.,Service connection for a chest disability and low back disability is not addressed in this decision.

The Veteran's service-connected disabilities, including PTSD, cervical spine degenerative disc disease, and other conditions, render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for additional development due to a failure to comply with VA's duty to assist in obtaining treatment records.

The Board denied the Veteran's claims for service connection for radicular symptoms of degenerative disc disease, disc bulges, and spondylolisthesis of the thoracolumbar spine, absence of right peroneal and left sural sensory responses (claimed as bilateral heel numbness; also claimed as muscle atrophy of the extensor digitum brevis (EDB) muscle bilaterally; also claimed as absence of right sural sensory response), and acid reflux disease. The Veteran's service-connected right knee disability was increased to 40 percent.

The Veteran's hypertension has been rated at 10 percent since the grant of service connection. The Board finds that additional development is needed to determine if a higher rating is warranted.

The Veteran's service-connected cold injury residuals in his feet and degenerative disc disease in his back did not cause or contribute to the cause of his death from respiratory failure due to sepsis. The Board finds that the preponderance of evidence is against the claim.

The Board of Veterans' Appeals (Board) has denied the Veteran's claim for service connection for a low back condition, finding that there is no evidence to support her contention that she had a back injury in July 1990 or that she underwent surgery at L5-S1 level. The appeal is remanded for further development.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling the appellant for examinations to assess his service-connected disabilities.

The Board has remanded the case due to the Veteran's request for a videoconference hearing, and it is unclear if he withdrew his request. The case will be scheduled for a hearing at the earliest available opportunity.

The Veteran's current low back disability is shown to be aggravated by his service-connected bilateral knee disability, and therefore secondary service connection for the low back disability is granted.