Back / lumbar spine decisions — 2013

The Veteran's low back disability is currently rated at 20 percent, but does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case to obtain additional records from the Oklahoma Worker's Compensation Court regarding a 1960 claim for a back injury. The Veteran's service connection claim will be reconsidered based on this new information.

The Board found that the Veteran's current low back disability did not have onset during active service and was not caused by any event, injury, or disease during active service. Therefore, the claim for service connection for a low back disability is denied.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination during a period of flare-up of her dermatitis. The claims will be readjudicated after the additional development.

The Veteran's claim for a compensable rating for lumbar strain was denied as his range of motion did not meet the criteria for a 10% rating under VA's General Formula for Diseases and Injuries of the Spine.,Effective dates prior to November 19, 2005, were denied for bilateral hearing loss and tinnitus as they were both granted effective on that date.

The Board has determined that new and material evidence has not been submitted to reopen claims of service connection for diabetes mellitus, a neck condition, or a low back condition. The Veteran's claim for obstructive sleep apnea is considered secondary to his service-connected left and right knee disabilities.

The Veteran's lumbar spine disability is rated at 40 percent, and his right lower extremity radiculopathy is rated at 10 percent. The Board finds that neither condition warrants a higher rating.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for back disability and neck disability, and these claims are granted.

The Board has received notification from the Veteran to withdraw his appeal for a higher rating for left knee degenerative arthritis. The claim of service connection for bilateral hearing loss disability is granted, with the opinion that the current hearing loss disability was incurred in service due to noise exposure during military service. The lumbar spine disability issue remains pending and will be remanded for further examination.

The Board has determined that additional development is needed in order to make a determination on the Veteran's claims for service connection and increased rating. This includes obtaining pertinent VA treatment records, verifying combat experiences, and providing an opinion regarding the etiology of his hearing loss, knee disability, and lumbar strain.

The Veteran's claim for automobile and adaptive equipment or for adaptive equipment only is being remanded due to the need for additional development, including a VA examination.

The Veteran's claim for increased ratings for his low back disability and associated radiculopathy of the right lower extremity was denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's PTSD and lumbar spine disabilities did not render him unemployable prior to February 1, 2005. His service-connected conditions were considered in determining his eligibility for TDIU.

The Board has determined that the Veteran's low back disability is related to his active service, finding credible and competent lay testimony of continuity of symptomatology since service.

The Board has determined that the Veteran's right knee and back disabilities are not service-connected, but granted her claims based on direct service connection.

The Board found no evidence to support a service connection claim for the Veteran's back disability, concluding that it was not incurred during active duty service.

The Board has determined that the Veteran does not have a current diagnosis of rheumatoid arthritis for either elbow or low back, and therefore service connection is denied for these conditions. The right elbow arthritis was not manifest in service or within one year after separation, and is unrelated to service. The left elbow bursitis is also not related to service. Concerning the low back disability, there were no chronic symptoms found during service, and current intermittent back strain is not related to service.

The Board has remanded the claims due to the need for additional development and examination.

The Board has determined that additional development is needed to obtain service treatment records and to provide the Veteran with a VA examination. The appeal will be remanded for these actions.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected low back disability and any associated neurological symptoms.