Back / lumbar spine Board decisions

The Board has determined that the Veteran's currently diagnosed arthritis of the right toe was incurred during active duty, and service connection is granted.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, effective May 4, 2008.

The Board has determined that there are outstanding VA treatment records related to the Veteran's lumbar spine, right knee, and left knee disabilities. The case is REMANDED for obtaining these records.

The Board has determined that the March 2008 rating decision denying service connection for low back pain and L5/S1 right radiculopathy (claimed as right leg numbness due to back), as secondary to low back pain, is final. New evidence submitted since then does not raise a reasonable possibility of substantiating these claims.

The Veteran's lumbar spine disability is currently evaluated at 20 percent, but the evidence does not support a higher rating as there is no indication of ankylosis or incapacitating episodes.

The Veteran's claims for service connection for residuals of a cold injury to the feet, eczema, bilateral hearing loss, tinnitus, right knee disorder, left knee disorder, and flat feet were denied. The claim for an increased rating for athlete's foot was also denied.

The Veteran's cervical strain and low back strain have been rated as 20 percent and 10 percent, respectively. The reduction from 20 to 10 percent was improper.,The Veteran's low back strain has not met the criteria for a higher rating under either the General Formula or IVDS Formula at any point during the period on appeal.

The Board has remanded the case due to missing records and a need for additional medical opinions.

The Veteran's bilateral hearing loss is rated at 0 percent and his low back strain with thoracolumbar spine degenerative disc disease is not higher than a 10 percent rating.

The Veteran's claims for higher ratings for his lumbar spine and right hip disabilities, as well as separate ratings for left and right knee disabilities, were granted. Additionally, the Board found that he is entitled to TDIU from February 26, 2014.

The Board has granted service connection for a chronic thoracic spine disability, finding that the Veteran's pre-existing injury to his T12 vertebra was aggravated by active duty. The claim for lumbosacral spine disability is denied as it did not have its onset during active military service and is not secondary to a service-connected thoracic spine disability.

The Veteran's service-connected low back disability does not render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for further development, including obtaining VA treatment records and seeking medical opinions regarding the Veteran's back disability and hearing loss.

The Veteran's lumbar strain has been rated at 10 percent since July 2006. The VA examinations have shown that her range of motion is not limited to the extent required for a higher rating.

The Board is remanding the case for additional development to determine if the appellant meets the requirements of a 'Veteran' and to obtain private medical records, including those from her Caesarean section in August 2006. The VA will also seek a gynecological examination to assess the nature and etiology of her claimed residuals of Caesarean section.

The Board has determined that an effective date of August 31, 2004 is granted for the Veteran's eligibility to Dependent's Educational Assistance (DEA) under Chapter 35 of Title 38, United States Code.

The Veteran withdrew his appeals for the claims of service connection for diabetes mellitus, type II; skin disorder, including psoriatic arthritis; liver disorder, including cirrhosis; portal hypertension; and esophageal disorder prior to a decision by the Board.

The Veteran's appeal is remanded for additional development, including scheduling a Travel Board hearing at the RO. The underlying higher initial rating claim for service-connected degenerative disc disease of L5-S1 will be adjudicated on the merits.

The Veteran's appeal involves claims for service connection for a back disability and an increased rating for his right foot injury. The Board has determined that additional development is needed, including obtaining Social Security Administration records, arranging for VA examinations to assess the severity of the right foot disability and the etiology of the back disability, and ensuring all pertinent information is provided.

The Board finds that the law, as written by Congress and implemented by VA regulation, has been correctly applied in this case. The recoupment of the overpayment of VA compensation in the amount of severance pay received ($32,551.20) by withholding in monthly allotments payments of disability compensation benefits is required by law.