Back / lumbar spine Board decisions

The Veteran's appeal was dismissed as he withdrew his claim for service connection of a right knee condition. The low back condition issue is remanded for further development.

The Veteran's appeal is being remanded due to the need for a rescheduled hearing. The issues of entitlement to increased rating for Osgood Schlatter's disease in the right knee and service connection for lumbosacral or cervical strain are pending.

The Board has determined that the reduction of the rating for service-connected sciatic radiculopathy of the left lower extremity from 20 percent to noncompensable, effective December 29, 2012, and 10 percent since September 25, 2013, was not in accordance with law. As a result, the Veteran's 20 percent rating for sciatic radiculopathy of the left lower extremity is restored.

The Board has reopened the Veteran's claim for service connection for low back disability, but the appeal is remanded to determine if there is a causal link between his current condition and his military service.

The Veteran's claims for increased ratings have been denied as there is no current hearing loss disability and the maximum schedular rating available for tinnitus is 10 percent.

The Board has determined that additional development is needed before the case can be properly adjudicated, including obtaining VA treatment records and a new examination to clarify the nature and etiology of any back disability and bilateral knee disability.

The Veteran's service-connected depression is granted, and his lumbar degenerative disc disease is rated at 40 percent since September 9, 2009. His right knee patellar tendonitis remains at a 10 percent rating, while his hypertension continues to be rated at 10 percent.

The Veteran's claim for an initial evaluation in excess of 10 percent for lumbar spine strain is being remanded due to the need for a new VA examination and additional medical records.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and providing a new VA medical opinion regarding the relationship between his service-connected left knee disability and right knee and back disabilities.

The Veteran is granted a 40 percent rating for his lumbar degenerative disc disease since October 30, 2008. The claim of entitlement to an increased rating is granted with the exception of the period from December 9, 2008 to December 31, 2009 when he received a temporary total rating for convalescence.

The Veteran's low back disability, idiopathic thrombocytopenic purpura, skin cancer, diabetes mellitus, type II, peripheral neuropathy of the bilateral lower extremities, glaucoma, and cataracts are all found to be related to his service due to radiation exposure.

The Veteran's claim to reopen the issue of entitlement to service connection for a psychiatric disorder is dismissed as moot due to the grant of CUE in the April 1976 Board decision. The appeal regarding the back disability rating remains.

The Board has determined that the Veteran's current bilateral hearing loss disability is not related to service, as there was no in-service noise exposure and no chronicity of symptoms within one year of separation from service. The other conditions were also not found to be related to service.

The Veteran's combined disability rating was increased to 100 percent, effective January 20, 2012. The appellant is entitled to accrued benefits in excess of $9,038.00 due to the Veteran at his death.

The Board has determined that the Veteran's current thoracic spine disorder is related to his active duty service and grants service connection for this condition.

The Veteran's lumbar spine disability is currently rated as 10 percent disabling, and the Board finds that a higher evaluation is not warranted based on the evidence of record.

The Veteran's low back disability is likely attributable to his military service, and the Board has granted service connection for this condition. The acquired psychiatric disability (anxiety disorder) is not addressed in detail as it was remanded.

The Board has granted service connection for the Veteran's right thumbnail disorder, low back disorder, and left foot disorder. The right thumbnail disorder is considered to have been incurred during active duty for training in 1979. Service connection was also established for the low back disorder and left foot disorders as secondary to the low back disorder.

The Veteran withdrew his appeals for the issues of service connection for bilateral hearing loss, tinnitus and a low back disorder, as well as an increased initial disability evaluation in excess of 10 percent for the service-connected left ankle prior to January 11, 2012, and in excess of 20 percent thereafter.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of any diagnosed conditions related to his service-connected cervical spine disability.