Back / lumbar spine decisions — 2013

The Board has remanded the case due to the appellant's failure to appear at a scheduled videoconference hearing and will give him one more opportunity for a hearing.

The Board has remanded the case for additional development to determine if the appellant's current lower back disability is related to his military service, including any incidents therein.

The Veteran's low back disability is currently rated at 60 percent, effective January 28, 1993. The Board finds that the evidence does not support a higher rating based on current symptomatology.

The Board finds that the Veteran's low back disability was not caused or aggravated by active service. The evidence does not support a finding of direct service connection.

The Veteran does not have a current disability of the right knee or thigh that is related to an injury in service. The Board finds that there is no evidence of a current gastrointestinal disorder, hypertension, or lumbar spine disability that may be associated with service.

The Board has granted service connection for tinnitus and back disability, finding that both conditions are related to the Veteran's military service.

The Board has remanded the case for additional development, including a new examination of the Veteran's lumbar spine and consideration of her TDIU claim.

The Veteran's appeal is remanded due to the need for additional development, including VA examinations for each of the claimed disabilities.

The Board has determined that the Veteran does not have a current thoracolumbar spine disorder or right hip disorder, and thus service connection for these conditions is denied.

The Veteran's thoracolumbar spine disability, including her Tarlov's cyst and degenerative disc disease, was increased to a 20 percent evaluation effective December 6, 2012.

The Veteran's major depressive disorder has been granted a 50 percent rating, the maximum available under current criteria. The effective date is pending as the issue of entitlement to an increased rating for degenerative disc disease of the thoracolumbar spine remains pending.

The Board has granted effective dates of June 29, 2010 for the grant of service connection for low back strain and left knee strain.

The Veteran's claim for an increased evaluation for his service-connected degenerative disc disease, lumbar spine is being remanded due to the need for a new VA examination.

The Veteran's appeals for increased ratings and effective dates have been denied. The Board has dismissed the appeal regarding a higher rating for internal derangement of the left knee, as the Veteran withdrew his appeal prior to the issuance of a decision.

The Board finds that the Veteran's current diagnosed low back disability is not etiologically related to his military service and therefore, denies his claim for service connection.

The Veteran's service-connected disabilities are shown as likely as not to preclude him from securing and following substantially gainful employment consistent with his work and education background, warranting a TDIU rating.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and scheduling VA examinations to assess his right shoulder and lumbar spine conditions.

The Board has determined that the Veteran's low back disorder, including spondylolisthesis and osteoarthritis with associated pain, was not incurred in or aggravated by his service. The claim is denied.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board finds that it does not warrant a higher rating based on the evidence of record.

The Board has determined that the Veteran's low back disability is proximately due to his service-connected right knee disability and grants service connection for this condition.