Back / lumbar spine decisions — 2016

The Veteran's initial claim for a higher rating for her service-connected back disability was granted, and she is currently receiving a 40 percent disability rating since March 6, 2015.

The Veteran's service-connected intervertebral disc syndrome, to include degenerative disc disease of the lumbar spine, postoperative was granted a disability rating in excess of 20 percent as of October 22, 2015. However, prior to this date, his claim for an initial rating higher than 10 percent was denied.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to address the etiology of the Veteran's cervical spine and left shoulder disabilities.

The Veteran's lower back disability was rated at 10 percent prior to June 13, 2014, and increased to 40 percent thereafter.

The Veteran's claim for a TDIU is being remanded due to the need for clarification of the VA physician's opinion in his discharge application and consideration of CUE in the July 2012 rating decision regarding service connection for hypertension.

The Board has remanded the case for further development, including securing a VA examination and scheduling a travel board hearing. The Veteran's claims of service connection for residuals of a traumatic brain injury and tension type headaches are also pending.

The Veteran's service-connected disabilities prevented him from maintaining substantial gainful employment since April 10, 2007. The Board grants an effective date of April 10, 2007 for the grant of TDIU.

The Board found that the Veteran's low back disability, diagnosed as spondylolisthesis, spinal fusion, residual lower extremity radiculopathy, or arthritis of the thoracolumbar spine, is not related to his service and denied his claim for service connection.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has remanded the case for further development, including obtaining an adequate examination to address the Veteran's low back disability prior to July 16, 2013.

The Board has restored the Veteran's original 20 percent rating for lumbar spine degenerative disc disease, effective April 21, 2010, as the reduction was not proper and did not demonstrate an improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Board has denied the Veteran's claims for service connection for degenerative disease of the lumbar spine, bilateral knees, and left ankle as his conditions are not related to service or manifested within one year of separation.

The Veteran's lumbar spine DJD was granted an increased rating to 20 percent effective October 7, 2014. The Board found that the upper back condition had not been shown in service or for many years thereafter and is not related to service.

The Veteran's appeal is being remanded due to scheduling issues, and the case will be returned for further action.

The Veteran's appeal has been dismissed due to his death. The claim for service connection for a low back disability, secondary to a service-connected left knee disability, is moot.

The Board has determined that the Veteran's current low back disorder is not related to his period of service, and therefore denied his claim for service connection.

The Board has decided to remand the Veteran's claims for further development due to the need for additional examinations and opinions regarding his low back condition and bilateral hip condition.

The Veteran's cervical spondylosis and degenerative disc disease of the lumbar spine were not rated higher than initially assigned, with no new evidence provided to warrant a higher rating.

The Board finds that additional development is required for the claims of service connection for a low back disability, bilateral knee disabilities, and left great toe disabilities due to incomplete records and lack of consideration of lay statements regarding continuity of symptoms.

The Board has granted service connection for gastroesophageal reflux disease (GERD) and denied the claims for service connection for an acquired psychiatric disorder, a low back disability, and fibromyalgia. The Veteran's GERD is considered to have had its onset in service.