Back / lumbar spine decisions — 2016

The Veteran's lumbosacral strain was initially rated at 10 percent from November 8, 2008 to February 23, 2011. From February 24, 2011, the rating was increased to 20 percent.

The Veteran's claim for service connection for a bilateral foot condition (trench foot) has been reopened. The other issues remain pending and are evaluated on their merits.

The Veteran's low back disability was rated at 10 percent prior to February 4, 2014, and increased to 20 percent from that date forward. The claim for TDIU is also granted.

The Veteran's claims for service connection for a back disability and a neurological foot disability (numbness of the feet) are denied as there is no evidence of continuous or recurrent symptoms during active service, nor any nexus to service.

The Board has determined that the appellant's neck and low back disabilities are not related to his service, specifically because he was not in federalized National Guard service when these injuries occurred. As a result, the claims for service connection have been denied.

The Veteran's lumbosacral strain was rated at 40 percent disabling effective August 11, 2015. She also has separate 10 percent ratings for radiculopathy of the right and left lower extremities.

The Board found that the Veteran's current lumbar spine disorders did not manifest during service and are not otherwise related to service.

The Veteran's appeal is being remanded to obtain VA treatment records and for further development.

The Veteran has been unable to secure and follow a substantially gainful occupation due to service-connected disabilities since December 17, 2004. The Board grants TDIU effective from that date.

The Board has found that the evidence is in relative equipoise as to whether the Veteran's sleep apnea was incurred during service, and thus grants service connection for sleep apnea. The thoracolumbar spine disability issue remains pending.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for a lumbar spine disorder and a right knee disorder. The criteria for service connection have been met, with reasonable doubt resolved in favor of the Veteran.

The Veteran's appeals for increased ratings and service connection have been withdrawn. The Board will dismiss the appeal of these claims.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the current severity of his hearing loss and service connection claims.

The Board has determined that the Veteran's low back and right knee disabilities are service-connected, with no issues regarding exposure to herbicides or other presumptive conditions.

The Board has determined that the Veteran's current low back and left knee disabilities are not related to service, and his right knee disability is not shown to be present. The Veteran's claimed TBI residuals have been remanded for further development.

The Board has determined that a remand is necessary to obtain an adequate VA examination and to obtain all relevant VA treatment records. The Veteran's claim for service connection for a low back disability will be reconsidered after these actions.

The Board has determined that the Veteran's degenerative joint disease of the right knee was incurred in service, and granted service connection for this condition. The issue of entitlement to service connection for degenerative disc disease of the lumbar spine is being remanded.

The Board has determined that the severance of service connection for residuals of right hip arthroplasty, shortening of the right leg, and degenerative disc disease of the lumbar spine was proper due to clear and unmistakable error in the original grant of service connection.

The Veteran's appeal is being remanded for additional development, including an updated VA examination to assess the severity of his service-connected low back disability and differentiate between symptoms attributable to his service-connected condition and any other diagnosed conditions.

The Board has determined that the Veteran's claimed lumbar spine disability was not incurred or aggravated by service and arthritis of the lumbar spine may not be presumed to have occurred therein.