Back / lumbar spine Board decisions

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection of a lumbar spine disability. The Board also found that the current lumbar spine disability is related to active service, thus granting service connection.

The Veteran's claims for earlier effective dates were denied as the evidence did not show that he filed a claim prior to February 10, 2010.,The Veteran's claims for increased ratings were granted with an effective date of February 10, 2010.

The Veteran's lumbosacral strain is rated at 10 percent and the Board has determined that a new VA examination is required to determine the current level of severity.

The Veteran's claim for a higher rating for his lumbar post laminectomy syndrome and left lumbar radiculopathy was granted, with the highest possible rating of 40 percent. The claim for a higher initial rating for his status post hemicolectomy associated with lumbar post laminectomy syndrome remains pending.

The Veteran's low back disability, specifically DDD status post fixation L4-L5, is rated at 20 percent prior to February 14, 2008. The evidence shows a degree of severity most consistent with the 20 percent level.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically bilateral hearing loss and tinnitus. The claims are therefore denied.

The Veteran's claim for an increased evaluation for his service-connected degenerative disc disease of the lumbar spine is being remanded due to a lack of recent VA examination and treatment records.

The Board has granted service connection for lumbar spine spondylosis and assigned an effective date of May 21, 2008. The Veteran's claim was initially denied in December 1999 and again in December 2002. He filed a new claim on May 21, 2008, which led to the grant of service connection with an effective date of December 21, 2009. The Board found that the earliest possible effective date is May 21, 2008.

The Board found that the grant of service connection for lumbosacral degenerative disc disease in July 2010 was not clearly and unmistakably erroneous, thus restoring it. The severance of service connection was improper.

The Veteran's low back disability is rated at 10 percent, and his right lower extremity radiculopathy is also rated at 10 percent. The effective date for these ratings remains pending as the decision does not specify a specific effective date.

The Board has granted TDIU and DEA eligibility effective October 16, 2009. The Veteran's service-connected disabilities are considered to be one disability for purposes of meeting the percentage rating requirements under 38 C.F.R. § 4.16(a).

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional examinations, records review, and development of her Social Security Administration (SSA) disability claim.

The Veteran's appeal is being remanded for additional development, including obtaining VA examinations and reviewing the claims file to ensure all relevant evidence has been considered.

The Veteran's appeal is remanded for additional development, including obtaining Social Security Administration records and arranging a VA examination to determine the nature and etiology of any residuals of a traumatic brain injury.

The Veteran's appeal is being remanded due to the failure to report for a scheduled VA spine examination. The case will be readjudicated after further efforts are made to reach the Veteran and schedule a new examination.

The Board has remanded this case for additional development due to inadequate VA examinations and the need for a new opinion regarding the relationship between the Veteran's low back disorder and service or his service-connected foot disabilities.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded to the Agency of Original Jurisdiction (AOJ) due to a request for a Travel Board hearing.

The Veteran's claim for an increased rating of PTSD has been granted, with a current evaluation of 70 percent effective March 29, 2007.,Service connection for a chest disability and low back disability is not addressed in this decision.

The Veteran's service-connected disabilities, including PTSD, cervical spine degenerative disc disease, and other conditions, render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for additional development due to a failure to comply with VA's duty to assist in obtaining treatment records.