Back / lumbar spine decisions — 2013

The Veteran's claims for higher ratings and effective dates have been granted, with the effective date set at August 24, 2005.

The Board denied the Veteran's claims of service connection for a right foot disorder, left foot disorder as secondary to a right foot disorder, and back disorder as secondary to a right foot disorder. The Board found that the right foot disorder existed prior to service and was not aggravated by active duty.

The Board has granted service connection for degenerative disc/joint disease of the lumbar spine, finding that it is due to an injury incurred in service.

The Veteran's claim for a higher rating and earlier effective date for his lumbar spine disability was granted, with the disability rated at 40 percent.

The Board has granted service connection for sacroiliac fusion and denied the remaining claims, finding that the Veteran's current disabilities are not related to her active duty service or secondary to a service-connected condition.

The Board has remanded the case for further development, including obtaining SSA records and medical records associated with any SSA determination. The Veteran's claims of service connection for DJD of the lumbar spine and major depression will be reconsidered.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, employment records, and a VA examination to assess the severity of his lumbar spine disability. The claim for TDIU rating has also been raised.

The Board has remanded the claims of service connection for seborrheic dermatitis, a lumbar spine disability, heart disease, and hepatitis due to insufficient development. The Veteran's file must be provided to the VA examiners for review.

The case is being remanded for additional development, including obtaining VA treatment records and service medical records, scheduling a VA examination to assess the severity of the Veteran's lumbar spine disability and left lower extremity radiculopathy during flare-ups, and completing development on issues related to neck and left hip disabilities.

The Veteran's appeal is being remanded due to the need for additional examinations and development of her claims, particularly regarding her Hepatitis C and lumbosacral strain.

The Board has remanded the case to the RO/AMC for further development, including obtaining VA medical records from Decatur VAMC and ensuring that all relevant evidence is considered in adjudicating the Veteran's claim of entitlement to service connection for a chronic low back disability.

The Board has remanded the case to obtain clarification of the degrees of range of motion lost due to pain during flare-ups and repetitive motion, as well as a new examination if necessary. The Veteran's cervical spine and low back disabilities will be reviewed for increased disability ratings.

The Board has determined that the Veteran's current low back disorder is related to his military service, including his in-service diagnosis of palindromic rheumatism.

The Board has remanded the case due to insufficient medical opinions regarding service connection for a tailbone disorder and low back disorder. The Veteran's claims are being returned to the RO for further development.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, chronic headaches, right knee condition, peripheral neuropathy of the lower extremities, and lumbar disc disease with left radiculopathy are granted. The Veteran is also awarded a non-compensable rating for his eczema prior to February 25, 2013, and a compensable rating thereafter.

The Veteran's service-connected conditions did not cause or contribute to his death from metastatic gastric cancer.

The Board has determined that further review of the X-ray films, CT scans and MRIs is necessary to determine if the Veteran has ankylosis of the cervical spine. The case is REMANDED for this purpose.

The May 2006 rating decision denied service connection for a back disability as secondary to the Veteran's left hip disability. The claim was not appealed.,New evidence received since the May 2006 decision does not raise a reasonable possibility of substantiating the claim of entitlement to service connection for a back disability.

The Veteran's claim for service connection of degenerative disc disease of the lumbar spine was denied in 2004 and not reopened. The Veteran's PTSD with depression has been rated at 30% since November 12, 2007, and increased to 50% as of December 6, 2011.,The Veteran's PTSD symptoms include anxiety, daily panic attacks, nightmares, auditory and visual hallucinations, flashbacks, social isolation, suicidal ideation, and attempted violence.

The Veteran's claims for increased ratings for his service-connected disabilities are being remanded to allow for additional examinations and the obtaining of relevant medical records.