Back / lumbar spine decisions — 2013

The Veteran's appeal is remanded for additional development, including new VA examinations and obtaining more recent medical records. The TDIU claim will also be considered.

The Veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board has reopened the Veteran's claim for service connection of a low back disorder due to new and material evidence. However, further development is needed before this claim can be readjudicated on its merits.

The Board has remanded the claims for higher initial ratings for hypertension, low back disorder, left eye pterygium, lower lip scar, PFB, and right eye pterygium excision residuals to the RO via the AMC.

The Board found that the Veteran's lumbar, thoracic and cervical spine disability did not meet the criteria for service connection as it was preexisting and did not worsen during active duty.

The Board has determined that the Veteran's low back disorder is not related to his military service and denied both issues on appeal.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining medical opinions regarding the etiology of his claimed disabilities and their relationship to service.

The Veteran's service-connected low back sprain is currently rated at 20 percent, and the Board finds that this rating adequately reflects his current disability level.

The Veteran's service-connected degenerative disc disease of the lumbar spine, postoperative laminectomy and fusion was granted a 40 percent rating effective January 24, 2012. The claim for an earlier effective date for this higher rating is pending.

The Board has determined that the Veteran's right eye disability, bilateral wrist disabilities, and low back disability were not incurred in or aggravated by military service. The claims are therefore denied.

The Veteran's appeal was denied for all issues, including service connection and increased rating claims.

The Veteran's appeal is being remanded due to deficiencies in the VA examinations and lack of a specific EMG study. The case will be reconsidered after these issues are addressed.

The Board has determined that the Veteran's bilateral hip and low back disorders were not incurred or aggravated during his period of active service. The evidence does not support a finding of chronicity, and there is no indication of any in-service injury or disease related to these conditions.

The Board found that the Veteran's back disability was not incurred in or aggravated by military service and may not be presumed to have been incurred in service. The evidence did not show a current disability due to service.

The Veteran's claim for a higher rating for degenerative arthritis of the lumbosacral spine was denied as there is no evidence of unfavorable ankylosis, which would warrant a higher rating.

The Board has denied reopening the claim of service connection for a low back disability, but granted reopening and established service connection for a skin disease due to herbicide exposure. The decision is mixed as it grants one issue and denies another.

The Veteran's chronic lumbar strain with osteoarthritis and degenerative disc disease of the thoracic spine has been rated at 20 percent since August 18, 2005.

The Board has remanded the Veteran's claims for additional development and adjudicative action due to missing VA outpatient treatment records.

The Veteran's appeal is being remanded to allow the RO/AMC to adjudicate whether separate ratings are warranted for objective neurological abnormalities associated with his service-connected degenerative disc disease of the lumbar spine.

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