Back / lumbar spine decisions — 2013

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has determined that the Veteran's ankylosing spondylitis of the lumbar spine manifested during service and is therefore granted service connection.

The Board found that the Veteran's lumbar spine disability did not meet or approximate the criteria for a rating in excess of 20 percent, as her forward flexion was not limited to 30 degrees or less and she had not been prescribed bed rest due to her disability.

The Veteran's appeals have been dismissed as he withdrew his appeal prior to the Board's decision.

The Board denied the Veteran's claims for service connection for bilateral ankle disability, cervical spine disabilities (both periods), and left shoulder disability. The evidence did not establish a chronic or new condition during active duty.

The Board denied service connection for asthma, a back disorder, and a left knee disorder as the evidence did not establish an in-service incurrence or aggravation of these conditions.,There is no clear and unmistakable evidence that the Veteran's pre-existing asthma existed before his acceptance into active duty. The Board found that there was no aggravation during service.

The Board has granted service connection for the Veteran's low back disabilities, finding that his congenital lumbarization at L5 with early degenerative changes existed prior to service and was not aggravated by military service. The remaining low back conditions are considered superimposed diseases that began post-service.

The Board has determined that there is no evidence of radiculopathy of the right lower extremity, and thus service connection for this condition cannot be granted.

The Board found that the Veteran's low back and right knee disabilities are not related to his service-connected left knee disability, and thus denied both claims.

The Board found that the Veteran's low back disability was not incurred in service and denied his claim for service connection.

The Veteran's diabetes mellitus and degenerative disc disease T12-L3 have been rated at the highest possible level due to their severity.

The Board has remanded the case for further development, including a VA examination to determine the nature and etiology of any right or left knee, right or left hand, and back disability. The Veteran's service records show no complaints of knee, hand, or back issues during or immediately after service.

The Board has determined that additional development is needed to determine the etiology of the Veteran's low back disorder and psychiatric symptoms, including PTSD. The claims are being remanded for further examination and development.

The Veteran's service connection claims for various conditions, including decreased vision, headaches, back disorder, sterility and erectile dysfunction, hypertension, skin disorder, nail fungus, and recurrent hemorrhoids are denied as the evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Veteran's appeal is being remanded due to the need for a new VA examination of his low back condition.

The Board denied the Veteran's claims for service connection for a back disability, sleep apnea, and bilateral hearing loss. The Veteran's claim for increased rating for bilateral flat feet was also denied.

The Veteran's appeal is being remanded due to the failure to provide a Statement of the Case for issues related to his service-connected degenerative disk disease and radiculopathy. The Veteran disagrees with the current ratings assigned.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding the relationship between his service-connected genitourinary problems and his claimed Reiter's syndrome/reactive arthritis, as well as a separate rating for an acquired psychiatric disorder. The claims will be readjudicated after obtaining these opinions.

The Veteran's claim for an earlier effective date of July 26, 2008 for special monthly pension based on the need for regular aid and attendance was granted. The Board found that the evidence is in relative balance regarding whether the criteria for A&A were met as of April 11, 2007.

The Board has remanded the case for additional development due to outstanding records and incomplete VA treatment records.