Back / lumbar spine decisions — 2013

The Board found that the Veteran's low back disability did not meet or approximate criteria for a higher rating, as there was no ankylosis and neurologic manifestations were not related to service-connected low back disability. The right knee arthritis with meniscus tear met the criteria for a separate 10 percent rating.

The Board finds that the Veteran's current lumbar spine disorders, including degenerative disc disease and osteoporosis, are not related to his service. The Board also found no evidence of a superimposed injury or disease in service that caused additional disability.

The Veteran does not have a chronic low back disorder that was incurred or aggravated by active military service, and the Board finds no evidence to support a presumption of service connection for arthritis.

The Veteran's PTSD symptoms have been found to meet the criteria for a 50 percent evaluation since August 2010, and an initial evaluation in excess of 30 percent from December 8, 2008. The bilateral knee disorders and back disorder are not service-connected.

The Veteran's claim for service connection for a lumbar spine disability is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied reopening of the claims for service connection for an acquired psychiatric disorder (including schizophrenia) and a lumbar spine disability due to lack of new and material evidence.

The Board has remanded the Veteran's claims for service connection due to incomplete development and lost records. The case is returned to the RO for further action.

The Veteran's cervical spine disability (DDD and DJD) is currently rated at 10 percent, effective October 1, 2000. The Board finds that the current rating does not meet the criteria for a higher evaluation.

The Board found that the Veteran's back and bilateral knee disabilities were not incurred or aggravated by service, including a fall from a telephone pole during service. The VA examiners opined that there was inadequate documentation to relate these conditions to service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to determine the severity of his service-connected left knee disability, as well as whether any diagnosed cervical spine, lumbar spine, or right knee disabilities are related to his service-connected left knee disability. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is also being remanded.

The Board has determined that a remand is necessary to obtain additional medical records and to provide the Veteran with examinations to determine the nature and etiology of his claimed lumbar spine disability and COPD.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and determining the nature and etiology of any neck and back disorders. The specific issues on appeal include reopening service connection claims and seeking VA compensation under 38 U.S.C.A. § 1151.

The Board has determined that additional VA examinations are necessary and outstanding treatment records should be obtained for the Veteran's claims. The case is REMANDED to obtain these records.

The Board dismissed all the moving party's claims of service connection for various conditions, including degenerative disc disease of the low back, retinopathy, cirrhosis of the liver, cholecystitis, PTSD, and depression, all claimed as secondary to his service-connected hepatitis C.

The Board has determined that the March 1996 RO decision denying service connection for neck and low back disabilities was tainted by clear and unmistakable error, thus reversing the decision.

The Veteran has withdrawn his appeal, and the case is dismissed.

The Veteran's appeal is remanded for additional development, including obtaining medical records and employment history.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a low back disorder. However, after reviewing all available evidence, including VA treatment records and a VA examination report, the Board finds that there is no medical documentation of an in-service injury or disease related to the current low back disorder.

The Board has reopened the claim of service connection for a low back disability but denied all other claims due to lack of current diagnoses and no in-service incurrence or aggravation.

The Veteran's appeal is being remanded for additional development of his claims, including the provision of relevant VA treatment records and consideration of all issues in a timely manner.