Back / lumbar spine decisions — 2013

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination. The issue of entitlement to TDIU will also be adjudicated.

The Veteran's thoracolumbar spine strain does not meet the criteria for a higher initial disability evaluation prior to June 6, 2012, and is rated at 10 percent thereafter.

The Board has determined that the Veteran developed a lumbar spine and bilateral shoulder disability during military service, granting his claims for service connection.

The Board found that a chronic low back disability was not incurred in or aggravated by service and that arthritis may not be presumed to have been incurred therein.

The Board denied service connection for a lumbar spine disorder, finding that the Veteran did not provide new and material evidence to reopen his claim. The Board also determined that the current lumbar spine disability is not etiologically related to service.

The Veteran's spine and hip disabilities are being remanded for a new VA examination to determine their etiology, as the previous examination did not consider his in-service exposure or June 2006 accident.

The Veteran withdrew his appeal in its entirety at the October 2012 Board hearing.

The Board found that the Veteran's current low back and neck disabilities are not related to service or his service-connected bilateral foot disability.

The Veteran's lumbar spine disability warrants a 20 percent rating, but not higher, during the period of the claim prior to February 13, 2008, and the period of the claim beginning May 1, 2008.

The Veteran's claim for TDIU is being remanded due to the need for additional medical examination and review of his service-connected disabilities in combination.

The Veteran's low back disability is not service-connected due to lack of evidence showing a current disability related to service. The bilateral knee disabilities are pending as new and material evidence has been received, but the relationship to service remains unclear.

The Veteran's lumbar spine disability and associated radiculopathy of the right lower extremity are rated at 20 percent, effective from December 4, 2012.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling examinations to assess the severity of his lumbar and cervical spine disorders as well as his PTSD. The TDIU claim will also be deferred until these issues are resolved.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for low back and heart disabilities. The Veteran served in the National Guard, including periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). He reported injuries during INACDUTRA that may be related to his current conditions.

The Veteran's lumbar strain with mild spondylosis is currently rated at 20 percent, and the issues regarding right S1 radiculopathy and left S1 radiculopathy are denied. The Veteran does not have service connection based on a presumption of exposure.

The Veteran's request for service connection for a low back disability is being remanded due to his desire for a videoconference hearing at the RO.

The Board denied the Veteran's claim of entitlement to service connection for arthritis of the cervical and thoracolumbar spine, finding that new and material evidence had not been received. The decision is final as it was based on a previous denial in July 1996.

The Veteran's service-connected right knee disability has been found to cause severe instability, warranting a 30 percent rating. The Veteran also has noncompensable limitation of motion in her right knee, which warrants a 10 percent rating under the applicable diagnostic codes. Service connection for a lumbar spine disability is granted.

The Board has determined that the Veteran's low back disorder and associated bilateral leg pain are proximately due to, the result of, or aggravated by his service-connected ventral hernia.

The Board has remanded the claims for service connection due to incomplete medical opinions and need for additional development.