Back / lumbar spine Board decisions

The Board denied the Veteran's claims for service connection for various conditions, including sleep apnea, obesity, skin disability, low back and neck disabilities, Meniere's disease, heart disability, emphysema, PTSD, bronchitis, genitourinary disability, acid peptic disease, eye infections, and hypertension.

The Board has determined that there is no current evidence of a low back disorder or chronic headache disorder (migraines) incurred in service. The Veteran's left knee and left ankle disorders are not shown to be related to her period of active duty.

The Veteran requested to withdraw his appeal regarding the issues of whether new and material evidence has been received to reopen the claims for service connection for degenerative disc disease of the lumbar spine and a right knee disability, as well as the claims of entitlement to service connection for right shoulder, left knee, bilateral leg, and right ankle disabilities. As such, these issues are dismissed.

The Veteran's claim for a temporary total evaluation based on post-surgical convalescence following lumbar spine surgery in November 2005 was denied because the claim was not timely filed, as it was received more than one year after the surgery.

The Board has determined that a new examination is needed for the Veteran's degenerative disc disease of the lumbar spine and that efforts should be made to obtain private treatment records related to his Wolff-Parkinson White syndrome. The appeal will be remanded for these actions.

The Veteran's claims for service connection, increased ratings, and TDIU were denied. The right knee disorder was rated as 10% prior to May 26, 2010 and from that date onwards. The low back disorder was not rated higher than 10%. Extraschedular ratings were also denied.

The Veteran's service-connected lumbar spine disability and left lower extremity radiculopathy provide a greater benefit than nonservice-connected pension, so the claim for NSC pension benefits is dismissed.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing due to his homelessness and relocation issues.

The Board has determined that additional development is needed before the claims can be decided, including obtaining SSA records and scheduling a new VA examination.

The Board has granted a 20 percent rating for the Veteran's service-connected lumbar spine disability, effective from October 8, 2011.

The Veteran's claim of service connection for back disability has been reopened and is granted. The claims of service connection for hepatitis C and TDIU are deferred pending further development.

The Veteran's service-connected lumbosacral spine disability and mood disorder render him unable to secure or follow a substantially gainful occupation, warranting a total disability evaluation based upon individual unemployability (TDIU).

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 disorder. The Veteran's effective date for service connection for irritable bowel syndrome remains December 20, 2010.

The Veteran's lumbar spine disability has not approximated unfavorable ankylosis of the entire thoracolumbar spine, and his left lower extremity radiculopathy is mild in degree. Therefore, a rating in excess of 40 percent for residuals of a back injury with degenerative disc disease, L5-S1, and a rating in excess of 10 percent for left lower extremity radiculopathy are not warranted.

The Veteran is seeking service connection for a low back condition that he asserts was caused or aggravated by his service-connected flat feet. The case has been remanded to obtain additional VA examination and updated VA treatment records.

The Board has determined that the Veteran's left foot hammer toe and lumbar spine disability are service connected as they were incurred during his active duty.

The Board has determined that the Veteran's low back disorder is causally related to his service-connected left ankle and/or right knee disabilities, granting service connection for this condition.

The Veteran is granted a TDIU due to service-connected PTSD and SMC at the housebound rate based on his additional service-connected disabilities.

The Veteran's claim for an increased rating for thoracolumbar herniated disc, spondylosis, and rotoscoliosis was denied. The appeal is addressed as a reduction of the evaluation from 40 percent to 10 percent, effective November 19, 2013.

The Veteran's claims for increased ratings and TDIU were granted, with the right leg sciatica receiving a 60 percent rating effective from January 21, 2010. The left leg radiculopathy received a 20 percent rating effective from January 22, 2013, due to worsening symptoms reported by the Veteran. TDIU was granted since July 26, 2011.