Back / lumbar spine decisions — 2013

The Veteran's low back disability was found to not warrant a rating greater than 10 percent prior to December 12, 2008.

The Veteran's claim for higher ratings for his low back disability was denied. The Board found that the evidence did not meet the criteria for a rating higher than 10 percent from February 16, 2000 to January 30, 2002, a rating higher than 20 percent from January 31, 2002 to May 29, 2007, and a rating higher than 40 percent since May 30, 2007.

The Veteran's service-connected lumbar spine disorder and associated radiculopathy do not prevent him from obtaining and maintaining substantially gainful employment, albeit in a sedentary capacity.

The Board has granted service connection for a low back disorder and found that the Veteran's current condition is attributable to his active military service. The issue of entitlement to TDIU remains pending.

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

The Veteran's appeals are being remanded due to the need for additional development and examination, including an opinion on whether his current Reiter's syndrome/reactive arthritis is aggravated by his service-connected genitourinary problems.

The Board found that the Veteran's cervical spine disability, including degenerative disc disease, did not originate in service or within one year of service and is not otherwise etiologically related to service.

The Veteran's service-connected disabilities, including bilateral knee arthritis and lumbar osteoarthritis, contributed to his death from septic shock. Service connection for the cause of the Veteran's death is granted.

The Board has remanded the case due to the need for additional records from SSA and VA Fayetteville.

The Veteran's lumbar spine disability has been manifested by forward flexion of the thoracolumbar spine greater than 60 degrees and a combined range of motion greater than 120 degrees without abnormal gait or abnormal spine contour; there is no evidence of muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. There is no evidence of incapacitating episodes having a total duration of at least two weeks during a 12 month period; and there is no objective evidence of neurological manifestations warranting additional separate ratings, other than those currently assigned for right and left lower extremity radiculopathies.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected degenerative disc disease of the thoracolumbar spine and its impact on his employability. The claim for TDIU based on all of his service-connected disabilities will also be developed.

The Veteran's appeal is being remanded for additional examinations to determine the nature and etiology of his claimed conditions, including traumatic brain injury, cervical spine disorder, thoracolumbar spine disorder, and right shoulder disorder. The claims will be adjudicated again after any necessary development.

The Veteran does not meet the legal criteria for basic eligibility for nonservice-connected pension benefits due to a lack of qualifying active service during a period of war.

The Veteran withdrew his appeal with respect to all issues prior to the Board's decision.

The Board is remanding the case for additional development due to inadequate examination and review of the claims file.

The Board found that the Veteran's current back disability, diagnosed as degenerative disc disease, was not incurred in or aggravated by service and may not be presumed to have been incurred in service.

The Board has determined that service connection is warranted for a lumbar spine disability and squamous cell carcinoma of the mouth, with consideration given to the Veteran's credible statements regarding in-service injuries and continuity of symptomatology.

The Veteran's thoracolumbar spine disability was rated at 20 percent from October 13, 2007, to June 28, 2010. The rating is based on the criteria for a 20 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the appellant's current back disorder is not related to his military service and has denied his claim for service connection.

The Board found that the Veteran's low back disability was not proximately caused or worsened by his service-connected prostate cancer, and thus denied his claim for service connection.