Back / lumbar spine decisions — 2015

The Veteran's claims for service connection were denied, and the appeal was dismissed due to failure to timely file a notice of disagreement regarding an effective date issue.

The Board has granted an effective date of January 30, 2010 for the award of TDIU and a rating of 70% for lumbosacral strain. The earlier effective dates for right lower extremity radiculopathy are also granted.

The Board has determined that the Veteran's service-connected disabilities, including his residuals of a low back injury, have rendered him unable to secure and follow substantially gainful employment. The decision is in favor of granting TDIU.

The Board has ordered a remand due to the need for an addendum medical opinion regarding whether the Veteran's current low back disability is related to his service. The case will be returned to the AOJ for further proceedings.

The VA Board found that the Veteran's lumbar spine disability was not incurred in or aggravated by active military service and may not be presumed to have been incurred in service.

The Board has granted a 40 percent rating for the Veteran's low back disability, effective from September 3, 2013.

The Veteran's claim for service connection for a lumbar spine disability was denied as new and material evidence had not been received. The claim for an increased rating for residuals of right ankle injury is pending.

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

The Veteran's claim for a higher rating for his sacroiliac sclerosis with prolapse and lumbar intervertebral disc syndrome was denied. The Board found that the evidence did not support a rating in excess of 20 percent prior to November 15, 2011, but from that date forward, it supported at least a 40 percent rating.

The Veteran's claims for service connection have been granted. The Board found that the Veteran has a current diagnosis of ulcerative proctitis, which is essentially a variant of ulcerative colitis already established as service-connected. The remaining claims are addressed in the REMAND portion.

The Board has remanded the claims for service connection due to conflicting medical evidence and additional development is required.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed lumbar spine disability and disability manifested by joint and muscle pain, including as due to an undiagnosed illness.

The Veteran's claims for increased ratings for bilateral hearing loss, low back disability, right leg radiculopathy, and left leg radiculopathy were denied. The Board found that the evidence did not support a higher rating under applicable diagnostic codes.

The Veteran's Bell's palsy, left knee degenerative joint disease, and lumbar spine degenerative joint disease have been granted service connection. The Board has also found that the Veteran is entitled to higher disability ratings for his left knee and lumbar spine disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, notifying the Social Security Administration (SSA), and scheduling a VA examination to assess the severity of his PTSD.

The Board found that there was no improvement in the service-connected disability and thus denied the reduction of the rating from 20% to noncompensable.

The Veteran withdrew her appeal for a rating in excess of 40 percent for lumbar spine osteoporosis.

The Veteran does not have a diagnosed leg disability, and the Board finds that his hip, knee, and ankle disabilities are not related to military service.

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

The Board has reopened the Veteran's claim of service connection for a low back disorder and granted it, finding that new evidence supports a link between the condition and active duty service.