Back / lumbar spine decisions — 2013

The Veteran's claim for service connection for a lumbar spine disorder was previously denied, and the Board is remanding the case to provide proper notice and conduct further development including scheduling a hearing before a Decision Review Officer (DRO) and obtaining an updated VA examination.

The Board found no current diagnoses of thoracolumbar spine, cervical spine, right hip or left hip disorders and thus denied service connection for these conditions.

The Board denied service connection for a lumbar spine disability, finding that the appellant's pre-existing condition did not worsen during his period of active duty for training (ACDUTRA).

The Veteran's appeal is being remanded for additional development of his claims, including consideration of VA treatment records from 2009 to 2012.

The Veteran's unauthorized medical expenses incurred at a private facility on April 25, 2012 are now covered by VA due to the emergency nature of his condition and the unavailability of VA facilities.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's bilateral hip disorder is aggravated by his service-connected back disability. The claim will be returned for further development.

The Board has determined that the Veteran's current low back strain with muscle spasms is causally related to his active duty service and grants entitlement to service connection for this condition.

The Veteran's cervical spine disorder is service-connected, and she was granted a 50 percent disability rating for her major depressive disorder prior to May 19, 2008. The case is remanded for further development.

The Board denied service connection for low back disability, right knee disability, left knee disability, and bilateral hearing loss. The disabilities were not found to be etiologically related to service.

The Veteran's claim for an effective date prior to June 10, 2003, for the grant of TDIU was denied as there is no evidence showing a factual increase in disability within one year prior to that date.

The Board has determined that the Veteran's depression is related to his service and granted service connection for it. The Board also found no evidence linking the Veteran's back disability to his service, thus denying service connection for this condition.

The Board found that the Veteran's back disorder did not manifest during service or within one year of discharge, and there is no competent or credible evidence showing arthritis to a compensable degree within this timeframe. The claim for service connection was therefore denied.

The Veteran's degenerative disc disease of the lumbar spine was rated at 10 percent before December 17, 2010. The criteria for a higher rating were not met.

The Board denied the Veteran's claims for service connection for a back disorder and a right knee disorder, finding that there was no credible evidence linking these conditions to his military service.

The Board found that the Veteran's current back disability did not begin during service and was not caused by service, thus denying his claim for service connection.

The Board denied reopening of the claim for service connection for right ankle disability and denied all other issues on appeal.

The Veteran's psoriatic arthropathy of the lumbosacral spine is rated at 40 percent from June 16, 1998 to April 7, 1999. From August 30, 2002, a 100 percent rating for psoriasis with psoriatic arthropathy of the lumbosacral spine is granted.

The Veteran's claims for increased disability rating and service connection are being remanded due to the need for additional VA examinations, issuance of a new notice letter, and development of the issue regarding entitlement to service connection for a left knee disability.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for appropriate VA examinations to assess his service-connected low back disability, left knee strain, and bilateral lower extremity radiculopathy.

The Board has determined that further development is needed before deciding the Veteran's claim for a rating in excess of 20 percent for arthritis of the lumbosacral spine with bilateral radiculopathy.,Regarding the issue of service connection for a sleep disorder (including sleep apnea), the evidence does not support finding that it is caused or aggravated by his service-connected disabilities.