Back / lumbar spine decisions — 2016

The Veteran's service-connected low back strain and degenerative arthritis of the spine are currently evaluated at 40 percent, but his intervertebral disc syndrome does not result in incapacitating episodes. The Board finds that a higher rating is not warranted.

The Veteran's appeal includes claims for an increased rating for lumbosacral strain and service connection for obstructive sleep apnea. The RO has denied the claim for service connection, but a SOC must be issued. The propriety of reducing the rating from 30 percent to 10 percent is also under consideration.

The Veteran's appeal is denied as he does not have a neurological disability of the lower extremities caused or aggravated by his service-connected lumbosacral strain with lumbar scoliosis.

The Veteran is currently service-connected for several disabilities, but the Board finds that a Master's Degree in Human Resource Management is not necessary for him to obtain or maintain employment in his chosen field.

The Veteran's claims for increased ratings and service connection were granted, with the effective dates being fixed in accordance with the facts found.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if any diagnosed back disability is related to active service. The Veteran's claim will be reconsidered after these actions.

The Veteran's low back disability was granted an increased rating of 20 percent effective November 9, 2004. The temporary total rating for convalescence following left foot surgery from August 6, 2010 to December 1, 2010 is also granted.

The Board has determined that the Veteran does not have PTSD and therefore, service connection for this condition is denied. The remaining issues of entitlement to service connection for hypertension, low back injury, vertigo, and an acquired psychiatric disorder other than PTSD are also denied.

The Board has remanded the case for further development and consideration of a secondary service connection theory.

The Veteran's claim for reentrance into an independent living services program, including the purchase of a massage chair, desktop computer, desk, and recumbent exercise bicycle was denied as his conditions did not warrant such benefits.

The Board denied the Veteran's claims for service connection for a chronic low back disability and asbestosis, finding no evidence of current disabilities or in-service incurrence.

The Board denied the Veteran's claims for service connection for low back disability and peripheral neuropathy, as well as his claim for a compensable evaluation for bilateral hearing loss. The decision found that the currently assigned noncompensable evaluations were appropriate based on the audiometric findings.

The Board has remanded the case for further development due to insufficient rationale in a previous VA examiner's opinion and the need to obtain updated treatment records.

The Board has determined that the Veteran's current thoracolumbar spine disorder is not related to service and therefore denied his claim for service connection. The TDIU issue remains pending.

The Board found that the evidence did not support a finding of service connection for a bilateral foot disability or low back disability, as there was no credible evidence linking these conditions to service.

The Veteran's current back disability was not incurred in or aggravated by active military service, and the Board finds that there is no causal relationship between his claimed injury during service and his current condition.

The Board has remanded the case for additional development, including obtaining VA medical records from before 2001 and any relevant treatment at a Los Angeles County hospital. The Veteran's claims for service connection will be reconsidered based on this new evidence.

The Board has granted service connection for obstructive sleep apnea, a bilateral foot disorder (including plantar fasciitis and pes planus), and a back disorder. The Veteran's claims for an earlier effective date for the right shoulder disability are remanded.

The Veteran's claim for service connection for a low back condition has been reopened and is now pending before the Board.,Her claim for service connection for psychiatric disability (claimed as depression) has also been reopened. The Board finds that she has PTSD related to her service.

The Board has reopened the Veteran's claim of service connection for discogenic disease, L5-S1 and granted service connection. The Veteran's cervical spine disability is not service connected. Service connection was also granted for lumbosacral strain with degenerative changes, intervertebral disc syndrome (IVDS) L3-4 and erectile dysfunction. Increased ratings were assigned for bladder dysfunction and impairment of sphincter control. Effective dates prior to November 22, 2010 were established for TDIU and DEA benefits.