Back / lumbar spine decisions — 2017

The Veteran's service-connected lumbar spine and lower extremity disabilities were reduced in rating, but the Board has determined that these reductions were improper.,The Veteran is now granted restoration of his original ratings for his service-connected lumbar spine and lower extremity disabilities.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a low back disorder, thus denying the reopening of the claim.

The Board found that the Veteran's current cervical and lumbar spine disabilities are not etiologically related to his active service. The VA examiners concluded that these conditions did not manifest during or as a result of service.

The Board found that the Veteran's current back disability is not related to service and denied his claim for service connection. The VA examiner opined that the current back disorder is unrelated to active service, based on a lack of objective findings during service and no diagnosis within one year of separation.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a low back disability. The Veteran's statements regarding her continuous back pain since service are credible, and the Board finds reasonable doubt in favor of the Veteran, granting service connection for this condition.

The Board found that the Veteran's pes planus did not increase in severity during service and denied his claim for service connection. The other issues were either withdrawn or addressed.

The Veteran has withdrawn her appeals regarding the ratings for degenerative disc disease of the cervical spine, chronic low back pain, and right bunionectomy with residual scar. The Board has no further jurisdiction in these matters.

The Board has remanded the case due to incomplete records and the need for a VA examination.

Your claims for service connection for a lower back disorder and a bilateral knee disorder have been resolved in your favor. The RO has granted these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling an examination to assess the severity of her degenerative disc diseases of the cervical and lumbar spine.

The Board has reopened the Veteran's claim of service connection for a thoracolumbar disability, but remanded to obtain additional development. The claims for tinnitus, bilateral hearing loss, right shin splints, left shin splints, and left knee injury are also remanded.

The Board has granted the Veteran's claim for a TDIU due to his service-connected disabilities. The reductions in disability ratings from 60 percent to 40 percent for lumbar spine DJD and from 60 percent to 20 percent for diabetes mellitus, type II, were proper as they resulted in reduction of compensation payments.

The Board has determined that additional examinations and opinions are needed to properly adjudicate the Veteran's claims for increased ratings, a compensable rating for scars, and service connection for a low back disability. The issues of entitlement to an increased rating for residual superficial paresis of the maxillary branch of the trigeminal nerve, entitlement to a compensable rating for a residual scar on the right cheek, and entitlement to service connection for a low back disability are being remanded.

The Veteran meets the schedular requirement for a TDIU effective from June 3, 2014, and his service-connected disabilities render him unable to obtain or maintain substantially gainful employment.

The Veteran's appeal has been dismissed due to his death. The claims for service connection and SMC have become moot.

The Veteran's appeal is being remanded due to the need for additional examinations and evaluations of his service-connected disabilities, specifically his back disability and left ear hearing loss.

The Board has remanded the case due to the need for an adequate etiological opinion and additional VA treatment records.

The Veteran's claim for an increased rating for lumbosacral strain was granted, and the effective date of this grant is set at March 7, 2012.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, resulting in a grant of SMC based on this need.

The Veteran's combined rating for service-connected disabilities is at least 70% since August 10, 2012. The Board has granted a total disability rating based on individual unemployability (TDIU) effective from that date.