Back / lumbar spine Board decisions

The Veteran's thoracolumbar spine disability was initially rated as 10 percent disabling and has been increased to 20 percent since April 25, 2011.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of L5-S1, allergic rhinitis with angioedema, and folliculitis of the lower legs with bilateral tinea pedis were denied as there is no evidence of incapacitating episodes or ankylosis. The current disability ratings adequately reflect the severity of these conditions.

The Veteran's initial claim for service connection for degenerative disc disease of the lumbar spine was granted in September 2008, with a 20 percent disability rating effective March 2008. The RO increased his disability rating to 40 percent in March 2011.,The Veteran's appeal related to an initial evaluation for degenerative disc disease of the lumbar spine prior to March 8, 2011, and subsequent evaluations from March 8, 2011, to June 1, 2011, and from January 1, 2012. The appeal was denied.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to determine if the Veteran's back and neck disorders were incurred in or aggravated by her active service from September 2004 to October 2005.

The Board has granted service connection for right knee, back, and allergic disabilities. These conditions are considered secondary to the Veteran's service-connected right ankle disability.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no chronic in-service back disability and no current disability related to service.

The Veteran's lumbar strain is currently rated at 20 percent, effective September 27, 2010. The rating criteria have been met for this level of disability.

The Board has remanded the claims for service connection for degenerative disc disease and radiculopathy of the cervical and lumbar spine, as well as a respiratory disorder. The Veteran's claim is being reviewed again due to new evidence submitted since previous denials.

The Veteran's service-connected disabilities do not result in the loss or permanent loss of use of one or both feet, as determined by a VA examination. The case is REMANDED for further development.

The Veteran's claim for an annual clothing allowance is being remanded due to the need for additional development, including obtaining outstanding VA treatment records and certification from the Undersecretary of Health regarding her use of a qualifying prosthetic or orthopedic appliance.

The Veteran's death was not caused by his service-connected disabilities, as the cause of death (cardio-pulmonary arrest and diabetes) were not present in service or within one year after discharge. The preponderance of evidence is against a finding that these conditions are related to service.

The Veteran's claim for a higher rating for lumbosacral strain from June 18, 2005 was denied. The Veteran also had a separate compensable rating for neurological complications associated with his lumbosacral strain and the issue of entitlement to TDIU remains pending.

The Veteran is found unable to secure or maintain substantially gainful employment due to his service-connected disabilities, and the Board grants a TDIU.

The Veteran's lumbosacral degenerative disc disease was rated at 10 percent from August 1, 2005 to June 24, 2010 and increased to 20 percent thereafter.

The Board found no medical evidence linking the Veteran's current low back disorder to his service, concluding that it is more likely due to post-service events and not related to a 1970 injury during service.

The Veteran's appeal is being remanded for further development, including determining the appropriate diagnostic codes for his fibromyalgia manifestations and considering if combining separate ratings would provide a higher evaluation than the current 40 percent rating.

The Board has found that the Veteran's degenerative changes of the thoracolumbar spine were incurred in service and granted service connection for this condition. The issues regarding secondary service connection for right and left knee disabilities are addressed in the REMAND portion.

The Veteran's low back disability is currently rated at 20 percent, and the claims for increased ratings are denied as his symptoms do not warrant a higher rating under the applicable criteria.

The Board has remanded the case for an additional VA examination to determine if any current lumbar spine disability was caused or aggravated by a documented injury during service, specifically June 1995 ACDUTRA injury. The Veteran's claim remains on appeal as it is unclear whether service connection should be granted.

The Veteran's claims for service connection for degenerative joint disease of the lumbar spine and hypertension, as secondary to his service-connected low back disability, are dismissed due to mootness. The claim for service connection for uveitis is remanded.