Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's claim for service connection for low back disability should be remanded due to insufficient evidence regarding the onset and relationship of his current condition to military service. The case will be returned to the Board after further development.

The Veteran's lumbar spine disability is currently rated as 10 percent disabling under the General Rating Formula for Diseases and Injuries of the Spine. The rating has been granted, but no new evidence or change in condition was presented to warrant a higher rating.

The Veteran's lumbar spine degenerative disc disease has not met the criteria for a higher rating than 10 percent.

The Veteran's death was not caused by any service-connected condition, and the Board finds that no service connection is warranted for cause of death or DIC under 38 U.S.C.A. § 1318.

The Veteran's claims for service connection were denied. The Board found no evidence of a heart disorder, hypertension, or other claimed conditions during service or within one year post-service. Service connection was not granted for any condition.

The Veteran's claims for increased ratings for right iliolumbar ligament strain and back disorder were denied as the evidence did not show that his conditions warranted a rating in excess of 40 percent or 10 percent, respectively.

The Board has determined that the Veteran's current allegations of a fall during active duty and subsequent chronic back pain are not credible. The Board finds service connection for a back disability is denied as there is no evidence linking the current condition to service.

The Board has determined that the Veteran's degenerative joint disease, thoracolumbar spine, had its onset during a period of Active Duty for Training (ACDUTRA) or Indirect Non-Active Duty Training (INACDUTRA), and therefore service connection is granted.

The Veteran's service-connected conditions did not contribute to his death. His COPD and coronary artery disease were not related to military service.

The Veteran's claim for service connection for left leg pain was denied due to failure to report for a scheduled VA examination. The claims for increased ratings of lumbosacral strain and bilateral ankle disabilities were not addressed as the appeal is limited to these issues.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner and attempting to obtain private medical records.

The Board has remanded the case for additional development, including obtaining medical records and providing an adequate opinion regarding secondary service connection.

The Board found that the Veteran's current low back disorder is not related to his military service and denied the claim.

The Board finds that the Veteran's low back disorder is likely due to a pre-existing condition, and not service-connected.

The Veteran's appeal is being remanded for additional development, including obtaining worker's compensation records and clarifying the reasons for his disability retirement. A comprehensive VA examination with an occupational specialist/psychologist will be conducted to assess the Veteran's employability given his service-connected disabilities.

The Board has denied the Veteran's claims for service connection for spondylosis of the cervical spine and an initial rating in excess of 10 percent for degenerative joint disease of the lumbar spine. The Veteran is seeking a higher initial rating for his lumbar spine disability.

The Board has granted service connection for residuals of a shell fragment wound (SFW) to Muscle Group XIII, and assigned an initial 30 percent evaluation. The Veteran's right knee, left hip, and low back disabilities are found to be secondary to his service-connected SFW.

The Board found that the Veteran's low back and right hip disabilities were not incurred in service or due to any service-connected disability, thus denying both claims.

The Veteran's claim for increased ratings for DDD of the lumbar spine and left leg sciatica was denied, while his claim for a compensable rating for hemorrhoids was granted. The effective date is not specified.

The Board has determined that the evidence is insufficient to decide the claims for asbestosis, skin condition, back disability, and diabetes mellitus. Additional information regarding exposure during service is needed.