Back / lumbar spine decisions — 2013

The Board has reopened the Veteran's claim of service connection for a spinal disorder and finds that there is sufficient evidence to establish a nexus between his current spine disorders and in-service injuries. Service connection is granted.

The Veteran's claims for increased evaluations for her lumbar and cervical spine disabilities are being remanded due to the need for additional examinations and consideration of extraschedular ratings.

The Board denied the Veteran's claims for increased ratings for his right and left knee disabilities, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim on appeal. The Veteran's service-connected back disorder was also denied as secondary to his knees.

The Board has remanded the claims for additional development due to incomplete records and potential need for further medical examination.

The Veteran's claim for a higher initial rating for his service-connected degenerative disc disease of the lumbar spine was denied. The RO assigned an initial rating of 40 percent effective October 18, 1998.

The Veteran's claim for an increased rating of his service-connected right ankle disability was denied. The Board found that the evidence did not support a higher rating than 10 percent.

The Board has granted secondary service connection for the Veteran's degenerative joint disease of the lumbar spine as aggravated by his service-connected left leg disability. The claim for a total disability rating based on individual unemployability due to service-connected disabilities is remanded.

The Board has determined that the Veteran's current low back disabilities, including degenerative disc disease, spondylosis, intervertebral disc disorder, and disc bulging, are related to an in-service helicopter crash. As such, service connection for these conditions is granted.

The Board found that the Veteran's current thoracolumbar spine disability is not causally related to, or aggravated by, an event, injury, or disease in service and therefore denied his claim for service connection.

The Veteran's lumbar strain has not been manifested by unfavorable ankylosis, incapacitating episodes requiring bed rest prescribed by a physician and treatment by a physician, or any separate neurological impairment other than left and right lower extremity neuropathy. Therefore, the criteria for an evaluation in excess of 40 percent have not been met.

The Board has remanded the issue of service connection for a low back disorder due to inadequacy of the examination report ordered by the RO. The Veteran's claim is also being remanded as part of this process.

The Veteran's service-connected low back disability has not been manifested by unfavorable ankylosis of the entire spine, and therefore, he is not entitled to a rating in excess of 60 percent.

The Veteran's neck and back disorders are found to be the result of an injury sustained during his military service in Vietnam, and thus service connection is granted.

The Board has determined that further development is needed for the Veteran's claims of service connection for a lumbar spine disorder and bilateral pes planus. The case will be remanded to the RO for additional evidentiary development.

The Board has remanded the case due to the need for additional development, including obtaining service treatment records from the Veteran's Reserve service and providing a VA examination.

The Board has determined that the Veteran's low back disability, diagnosed as lumbar spondylosis with mild degenerative arthritic changes of the lumbar spine, is etiologically related to documented in-service low back symptomatology and service connection is granted.

The Board has determined that the Veteran's current bilateral heel fractures and related residuals are service-connected, but his back condition, leg disability, numbness of right lower extremity, hearing loss, and tinnitus are not service-connected.

The Board denied the Veteran's claim for an earlier effective date for the grant of service connection for a low back disability, finding that the earliest possible effective date is October 28, 2002, the date of filing of his most recent application to reopen the claim.

The Veteran's appeal is remanded due to the need for a new VA examination to assess her lumbosacral spine disability, as well as obtaining any relevant medical records.

The Board denied an earlier effective date for the grant of service connection for lumbar spondylosis with degenerative changes of the thoracic spine, finding that the Veteran did not receive notice of prior denials and thus could not establish entitlement to an earlier effective date.