Back / lumbar spine Board decisions

The Board found that the overpayment of VA disability compensation benefits resulting from the Veteran's incarceration for a felony was not properly created, and thus granted the appeal.

The Board denied the Veteran's claims for service connection for diabetes mellitus and TDIU due to his service-connected disabilities. The Board found insufficient evidence to support a direct link between the Veteran's current diabetes mellitus and active duty service, and concluded that he did not meet the criteria for a TDIU based on his service-connected conditions.

The Board dismissed the claim for lumbar degenerative disc disease and granted reopening of the claim for bilateral hearing loss. The Veteran's current bilateral hearing loss is considered to be related to in-service noise exposure.

The Veteran's claims for a clothing allowance for braces and medication used due to her service-connected disabilities are being remanded for additional development.

The Board has remanded the cases for additional development due to insufficient opinions regarding the causes of the Veteran's disabilities and whether they are related to service.

The Veteran's service-connected disabilities, including tinnitus and multiple cardiovascular conditions, have rendered him unable to secure or follow substantially gainful employment. Service connection for tinnitus is granted based on in-service noise exposure.

The Veteran's nonepileptic seizures are rated at 40 percent, and his headaches and low back disability each receive a separate 10 percent rating. The Board denied an increased rating for nonepileptic seizures and found no basis to grant separate ratings for the Veteran's headaches and low back disability.

The Board has remanded the claim due to insufficient evidence regarding the etiology of the Veteran's low back disability, including whether it is related to service or secondary to his service-connected knee and ankle disabilities.

The Veteran's initial claim for a higher rating for his low back disability was granted, and he received an initial 20% rating from November 17, 2003 to May 10, 2005. The Veteran also received a TDIU rating effective from the date of his initial claim.

The Board dismissed the appeals of service connection claims for degenerative lumbar spine disease, cervical spine injury, bilateral hearing loss, and tinnitus due to the death of the appellant.

The Board denied the Veteran's claims for service connection for various disabilities, including low back disability, left and right hip disabilities, erectile dysfunction, bladder disability, and bilateral lower extremity radiculopathy, all of which were secondary to his claimed low back disability. The evidence did not support a finding that these conditions were related to his military service or injuries incurred therein.

The Veteran's major depressive disorder is granted as service connected. Service connection for cervical spine, lumbar spine, right shoulder, left knee, and right knee disorders are restored due to improper severance of service connection.

The Veteran's service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment, thus warranting a TDIU rating. The increased rating claim for the right tibia and fibula fracture is remanded.

The Veteran's claim for an increased rating for his lumbosacral spine disability is being remanded due to the need for a VA examination to assess the current severity of his condition.

The Board has remanded several issues related to the Veteran's service connection claims due to incomplete evidence and a canceled hearing. The claims for bilateral knee degenerative joint disease, degenerative joint disease lumbar spine, right ankle disorder, coronary artery disease (claimed as heart attack and heart problems), and an acquired psychiatric disorder (PTSD) are being returned to the RO for further development.

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

The Board has remanded the issues of service connection for a sleep disability, hiatal hernia, and PTSD, as well as the evaluation of degenerative disc disease of the lumbar spine and left leg radiculopathy due to incomplete development.

The Board has reopened the claim of service connection for a back condition, but remanded due to insufficient evidence to determine if it is related to service or secondary to a toe fracture.

The Board has reopened the Veteran's service connection claims for lumbosacral spine disorder and bilateral lower extremity disorder, including radiculopathy. The appeals are granted.

The Veteran's claims for increased ratings and earlier effective dates were dismissed as he withdrew them. The claim of entitlement to a TDIU was granted.