Back / lumbar spine decisions — 2013

The Board has granted service connection for a left hand laceration and failed low back syndrome, finding that the Veteran's current conditions are related to his in-service injuries. The claim for residuals of a left hand injury was reopened due to new evidence showing residual scarring from an in-service injury.

The Board denied service connection for hypertension, low back disorder, skin disorder affecting the face and body, sinus disorder, memory loss disability (claimed as dementia), and joint aches (also described as fibromyalgia).

The Board has remanded the case for further development and consideration, including a hearing before a Veterans Law Judge.

The case is being remanded due to incomplete records and the need for further development.

The Veteran's claim for a higher rating for his service-connected degenerative bone and disc disease of the lumbar spine with spondylolisthesis was denied as there is no evidence of unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran is service-connected for multiple disabilities, including coronary artery disease and diabetes mellitus. The Board finds that the Veteran's service-connected conditions render him unable to secure or follow substantially gainful employment due solely to his disabilities.

The Veteran's appeal was partially withdrawn, and the remaining issues of service connection for lumbar spine disability, psychiatric disorder (including PTSD, anxiety, and depression), tinnitus, and ear condition were remanded for additional development.

The Board denied the Veteran's claims for service connection for allergic rhinitis and an initial compensable rating for lumbar spine degenerative joint disease (back disability) due to a lack of evidence showing current disabilities.

The Board found that the Appellant's current low back disability is not related to his injury during active duty for training (ACDUTRA) and denied his claim for service connection.

The Board finds that the Veteran does not have any residual scars from fragment wounds to the back, and thus service connection for this condition is denied.

The Board has reopened the claim of service connection for a skin rash and remanded it for further development. The Veteran's claims for other conditions are also remanded.

The Veteran's claim for increased evaluations of his lumbosacral spine disability was granted, with a 40% evaluation effective August 1, 2013. Separate 10% evaluations were assigned for radiculopathy of the right and left lower extremities.

The Board denied service connection for cervical and lumbosacral spine disabilities, finding that the Veteran's current conditions were not incurred in or aggravated by active service.

The Veteran's low back disability was found to not meet the criteria for a higher initial evaluation, with his current rating of 10% being denied.

The Veteran's claims are being remanded due to the need for clarification of the August 2012 VA examination and additional development.

The Board has determined that the Veteran's right knee, bilateral hip, lumbar and cervical spine, and right ankle disabilities are all service-connected as they are causally related to trauma sustained during active military service.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, warranting a TDIU rating on an extraschedular basis.

The Veteran's degenerative joint disease of the lumbar spine has been evaluated as noncompensable from November 4, 2008 through July 25, 2011 and rated at 10 percent since July 26, 2011. The Board found that his disability did not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Board found the June 2013 VA examination report to be inadequate due to its failure to acknowledge earlier treatment records and discuss previous opinions.

The Board denied the Veteran's request to reopen his service connection claim for a back disability, finding that no new and material evidence had been received to support the claim.