Back / lumbar spine decisions — 2013

The Board found that the Veteran did not sustain a disability of the lumbar spine during service, symptoms of arthritis of the lumbar spine were not chronic in service, and no current lumbar spine disorder is related to service. Therefore, the claim for service connection was denied.

The Board has determined that the Veteran's claimed conditions are not related to his military service and have denied all of his claims for service connection.

The Board found that the Veteran's degenerative joint disease of the lumbar spine is etiologically linked to his active duty military service.

The Veteran's lumbar spine disability was rated at 10 percent prior to March 16, 2007 and denied for a higher rating thereafter.

The Board denied the Veteran's claims for higher ratings for her low back disability, service connection for fibromyalgia and headaches. The criteria used to evaluate these conditions are considered adequate by VA.

The Board found that the appellant's low back and neck disabilities are more likely due to a civilian injury in August 1988, rather than an in-service injury in September 1984.

The Board has remanded the case for additional development, including a search of sick and morning reports using Code M05 to find service treatment records. The Veteran's claim for PTSD based on personal assault is also addressed with VCAA notification.

The Board denied the Veteran's claims for service connection for hypertension, lumbosacral strain with facet syndrome, varicosities and post-phlebitic syndrome of the right leg, varicosities and post-phlebitic syndrome of the left leg, and dermatitis.

The Veteran's TDIU claim is granted on an extraschedular basis due to his service-connected disabilities, including PTSD and cervical/lumbar spine disabilities.

The Board denied the Veteran's claim for an effective date prior to September 23, 2002 for a total rating based on individual unemployability (TDIU), finding that his service-connected disabilities did not meet the criteria for TDIU.

The Veteran's lumbar strain was not manifested by forward flexion to 30 degrees or less, or at least four weeks of incapacitating episodes in any 12 month term prior to March 19, 2009. From March 19, 2009 to October 20, 2011, the Veteran's lumbar strain was not manifested by unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least 6 weeks during any 12 month term. The Veteran is therefore denied ratings higher than 10 percent for her service-connected lumbar strain.

The Board has determined that the Veteran's current back disorder is not related to his service and has denied his claim for service connection.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation consistent with his education and occupational experience.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records from 1974 to 1990 and providing supplemental opinions regarding his hypertension.

The Board found that the Veteran's current low back disorder did not manifest during service or within one year thereafter, and the preponderance of evidence is against a finding that it is related to his period of service.

The Board found that the Veteran's low back disability did not manifest during service or due to a service-connected right knee disability, and thus denied his claim for service connection.

The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine disability was rated at 10 percent, peripheral neuropathy of the lower extremities at 10 percent each, and no new or material evidence was presented to reopen previously denied hip and shoulder disabilities.

The Board found that the Veteran's lumbar spine disability did not have its clinical onset in service and is not otherwise related to active duty. Degenerative joint disease of the lumbar spine was not exhibited within the first post-service year.

The Board denied service connection for a left knee disability and back disability in previous decisions. New evidence submitted since these decisions does not meet the criteria to reopen either claim.,There is no medical evidence showing that the Veteran's current left knee or back disabilities are related to his service-connected right knee disability.