Back / lumbar spine decisions — 2013

The Veteran has withdrawn his appeal for an increase in the rating for degenerative disc disease with degenerative joint disease of the lumbar spine, and there are no further issues to be decided.

The Board found that the Veteran's current low back disorders did not have their clinical onset in service or within one year of service, and are not causally related to his active service.

The Board has remanded the case for additional development, including obtaining records from Dr. Banning and the VA Tennessee Valley Healthcare System, as well as attempting to obtain Social Security Administration records related to the Veteran's disability benefits claim.

The Veteran's claims are mixed, with some issues granted and others denied. The low back disorder is granted on the merits, while other claims remain pending due to lack of new and material evidence.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his lumbar spine disability and whether he has radiculopathy. The Veteran should be provided with an opportunity to submit or identify any evidence that may assist him in substantiating his claims.

The Board denied the Veteran's claims for increased evaluations for his cervical spine spur at C5, degenerative spurring of the lumbar spine at L3-L4 and residuals of left knee surgery with scar as there was no evidence showing that any condition warranted a higher evaluation.

The VA determined that the Veteran's low back strain does not warrant an evaluation in excess of 10 percent.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and VA treatment records. The Veteran will also be provided an opportunity for a current VA examination regarding her service-connected lumbar strain and left ovarian cyst.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine had its onset in service and is therefore granted service connection.

The Board has determined that the reduction of the disability rating for bilateral hearing loss from 50 percent to 40 percent was not proper, and the 50 percent rating is restored.

The Veteran's claims for service connection for left leg numbness, paralysis, and radiculopathy, as well as lumbar spine disability, are being remanded due to the need for additional medical records and a new VA examination.

The Board has reopened the previously denied claim for service connection of a low back disorder and granted it, finding that new evidence received since the last final denial relates to an unestablished fact necessary to substantiate the claim (the absence of which was the basis of the previous denial). The Veteran's current low back disability is found to be related to his in-service injury.

The Board has remanded the case for additional development and a Travel Board hearing at the RO.

The Board has determined that additional development is needed to ensure all relevant evidence is considered in the claims for service connection. The Veteran's right knee and back disabilities are being remanded for further examination and consideration.

The Board has denied the veteran's claim for service connection for a low back disorder, including a herniated disc, as a residual of an injury. The appeal is not about service connection at all.

The Board found that the Veteran's current back disability is not related to his military service and denied his claim for service connection.

The Board denied the Veteran's claims for increased evaluations and service connection, finding that the evidence did not meet the criteria for a higher rating or service connection.

The Board has determined that the service-connected lumbar spine arthritis and the medication taken to alleviate its symptoms contributed substantially and materially to the Veteran's death, leading to his abdominal aortic aneurysm which required surgical repair. As such, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's claim for TDIU is being remanded due to changes in his disability picture and the need for additional examination.

The Board has ordered additional development to obtain medical records and opinions related to the Veteran's service connection claims, increased rating claims, and anemia. The case will be remanded for these purposes.