Back / lumbar spine decisions — 2018

The Veteran's back disability is rated at 20 percent for the entire appeal period, effective from when it was first service-connected.

The Veteran's lumbar spine degenerative arthritis disability has not resulted in functional loss due to pain or other factors, and does not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's low back disability was rated at 10% prior to December 29, 2014. Since then, the disability has been rated at 40%. The rating is based on current symptoms and not due to a separate condition or exposure.

The Veteran withdrew his claims for all issues related to service connection.

The Veteran's appeals for increased evaluations of his lower back condition, right shoulder arthritis, migraine headaches, and periodic limb movement disorder have been withdrawn prior to the Board issuing a decision. The claims are therefore dismissed.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining medical records and providing supplemental opinions regarding her service connection claims.

The Board has granted service connection for a low back disorder and denied nonservice-connected pension benefits. The claim of entitlement to TDIU is remanded due to the need for additional development.

The Board has determined that service connection is not warranted for an eye disability or a low back disability.

The Board found no in-service injury, disease, or event that could be linked to the current lumbar spine disability. The Veteran's service treatment records did not show any complaints, findings, diagnosis, or treatment for back pain or problems. There is also no evidence of chronic symptoms of arthritis during service. The VA examiner concluded that the current lumbar spine disability is not related to military service.

The Veteran's appeal involves multiple issues including service connection for various disabilities, rating determinations, and a TDIU claim. The case is being remanded to obtain additional records from SSA, provide the Veteran with proper notice regarding his TDIU claim, schedule him for a VA examination of his lumbar spine disability, and undertake further development as necessary.

The Board found that new and material evidence had been received to reopen the claim of service connection for a low back disability, but denied the claim as there was no evidence showing it is related to service or service-connected cervical spine disability. The Veteran's need for aid and attendance due to his service-connected disabilities was also denied.

The Board has reopened the Veteran's claim for service connection for low back pain and finds that a low back disability was incurred during active duty service. The preponderance of evidence supports this finding.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Board found that the Veteran does not have sleep apnea and denied his claim for service connection. The low back disability was also denied as it is less likely than not incurred in or caused by active service.

The Board has granted the Veteran's claim to reopen his previously denied claims for service connection for a low back disability and bilateral hearing loss disability. The Veteran now has service connection for these conditions.

The Board has granted service connection for Parkinson's disease and essential tremors as diseases associated with exposure to contaminated water at Camp Lejeune, North Carolina. Service connection was denied for low back disorder.

The Veteran withdrew his appeal concerning the claims for service connection for a back disability and a neck disability, to include arthritis.

The Board has denied the Veteran's request for an earlier effective date for his service connection grant of a back disability, finding that the earliest possible effective date is March 30, 2015.

The appeal has been withdrawn by the appellant prior to a decision being made.

The Board has determined that the Veteran's back disability, claimed as residuals of a back injury, did not have its onset during service and is not related to his active military service. As such, the claim for service connection is denied.