Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's lumbar spine and bilateral hip disabilities are not proximately due to or aggravated by his service-connected left ankle disability.

The Veteran's claims for service connection for various conditions, including a left thigh disorder characterized by numbness, were denied as secondary to his service-connected residuals of a right ankle fracture.

The Board has remanded the Veteran's claims for additional development due to outstanding private treatment records and a need for VA examinations.

The Board found no evidence of a current lumbar spine disability or asthma, and thus denied the Veteran's claims for service connection.

The Veteran's claims for service connection were denied as his claimed conditions are not related to active military service or service-connected disability.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by service and is unrelated to a service-connected disease or injury. The claim for secondary service connection was denied.

The Veteran's claim for a TDIU is being referred to the Director of Compensation and Pension Service for consideration on an extraschedular basis due to the uncertainty in his employability.

The Veteran's appeal has been withdrawn by the appellant in July 2013.

The Board denied service connection for low back and left hip/leg disabilities, finding no evidence of in-service injury or disease. The Veteran's current conditions are not considered to be related to his service-connected pes planus.

The Veteran's spondylosis of the lumbar spine with recurrent strain is currently rated at 10 percent, which adequately reflects his symptoms and functional limitations.

The Veteran's service records do not show any diagnosed cervical spine, thoracic and lumbar spines, left shoulder, right knee, or left knee disabilities. GERD was first noted after service in August 2008. The Board finds that the Veteran did not have these conditions during service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining relevant VA treatment records and addressing a request for a hearing. The issues of service connection for kidney cancer, back disability, neck disability, and bilateral hearing loss are pending.

The Veteran's death was not service-connected, and the appellant did not meet the durational requirement for a total disability rating in existence during his lifetime under 38 U.S.C.A. § 1318.

The Veteran's service connection claim for low back pain is granted as the evidence shows a diagnosis of degenerative disease of the lumbar spine, which can be established by continuity of symptomatology since service.

The Veteran's appeal is mixed, with some issues granted and others not. The Board has dismissed the issue of whether new and material evidence was received to reopen a claim for service connection for a left ankle disability due to withdrawal by the Veteran. Service connection for a low back disability remains pending.

The Veteran's appeal involves two issues: one regarding a back disability and the other to reopen her claim for compensation benefits under 38 U.S.C.A. § 1151 for stroke, paralysis of the left side of the body, and blurred vision (previously claimed as neurological problems). The case is being remanded due to incomplete records from the San Diego VA Medical Center.

The Board has remanded the case for additional development and examination to address the Veteran's claims of service connection for a lumbar spine disability, hearing loss disability, and migraine headaches.

The Veteran's lumbar spine disability does not warrant a higher rating than the currently assigned 20 percent for functional impairment of the lumbar spine. The radiculopathy of the right lower extremity is rated at 10 percent and does not warrant a higher rating.

The Board found that the Veteran's low back disorder did not have its onset in service and is not causally related to service. The right knee disability was also found to be adequately rated.

The Board has remanded the case for further development due to a failure to obtain relevant Federal payroll records.