Back / lumbar spine decisions — 2013

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

The Board has determined that the Veteran's low back disability did not result from carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. Therefore, compensation under 38 U.S.C.A. § 1151 for a low back disability is denied.

The Veteran's claim for a TDIU prior to December 17, 2007 was denied as she did not meet the schedular requirements and there was no evidence of unemployability due to service-connected disabilities.

The Veteran's appeal involves multiple issues including increased evaluations for various disabilities, reopening of service connection claims, and a TDIU claim. The case is being remanded to obtain additional VA treatment records, an appropriate VA examination, and issuance of a statement of the case.

The Veteran does not have any service-connected disabilities for his right foot, left foot, right ankle, left ankle, right shoulder, left shoulder, or low back conditions. The VA examiners found no evidence of chronicity of these disorders prior to their current diagnoses.

The Veteran's claim for a higher disability rating for thoracolumbar bone graft and instrumentation fusion T5 through L1, status-post surgical scar and degenerative joint disease of the lumbar spine was granted. The current evaluation is 10 percent.

The Veteran's claimed disabilities were not related to service and the Board denied all claims for service connection.

The Board denied the Veteran's claims for service connection for visual floaters and degenerative joint disease of the lumbar spine, finding no evidence of a current disability related to service.

The Board has granted service connection for spondylosis, degenerative disc disease, and strain of the lumbar spine. The Veteran's low back disability is found to be at least as likely as not incurred during active duty.

The Board has determined that the Veteran's current low back disability, diagnosed as lumbar spine advanced degenerative spondylosis with prominent scoliosis convex to the left (claimed as back problems), is a continuing disease process of symptomatology aggravated in service. As such, the criteria for entitlement to service connection have been met.

The Board has reopened the Veteran's claim of service connection for a low back disability and remanded it for further development. The case will be readjudicated after all necessary steps are taken.

The Board has granted service connection for a low back disorder and denied service connection for bilateral hearing loss. The low back disorder is found to have had its onset during active duty, while the bilateral hearing loss does not meet the definition of a disability as defined by VA regulations.

The Board has determined that the Veteran's current back disabilities are related to injuries he sustained during service, and thus grants service connection for these conditions.

The Board has remanded the case for further development, including a new VA examination to address service connection and aggravation of pre-existing scoliosis.

The Veteran's service-connected low back strain is currently rated at 20 percent, but the Board finds that a higher rating is not warranted as his disability does not meet or approximate criteria for any higher evaluation.

The Veteran seeks service connection for a back disability, which he contends is related to his military service or the residuals of a fracture of his left femur. The Board has determined that additional development is needed and remands the case.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective November 30, 2010. The Board found that the condition warranted a higher rating prior to this date.

The Veteran's mechanical low back pain with degenerative disc disease is currently rated at 10 percent, which is the maximum schedular rating available under VA regulations. The Board finds that his disability does not meet or approximate criteria for a higher evaluation.

The Board has granted service connection for fibromyalgia but denied service connection for neck, thoracolumbar spine, and right hip disorders other than those related to fibromyalgia.

The Board denied service connection for a low back disability and left ankle sprain. The Veteran's claims are being remanded to obtain additional medical opinions regarding the etiology of his current disabilities.