Back / lumbar spine decisions — 2013

The Veteran's peripheral neuropathy of the bilateral lower extremities is found to have been incurred during service and is therefore granted service connection.

The Veteran's claims for service connection for right knee, left shoulder, and back conditions are being remanded due to the need for additional development including confirmation of National Guard service dates and a VA examination.

The Board denied service connection for a depressive disorder with panic attacks and anxiety, residuals of left thumb and hand injury, and low back injury. The appellant's claims were not supported by competent medical evidence linking the current disabilities to his National Guard service.

The Veteran's low back disability is being remanded for additional development, including obtaining service treatment records and seeking medical opinions to determine the etiology of his current condition.

The Veteran's service-connected back disability, left knee radiculopathy, and left knee laxity have been granted higher initial ratings. The rating for the back disability is at its maximum of 40 percent.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Veteran's claim for an increased rating for diabetes mellitus was denied as his condition did not require regulation of activities to treat it. The Board found that the evidence did not show any additional separately compensable complications of diabetes.

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

The Veteran's low back disability with radiculopathy was granted an increased rating of 40 percent effective December 12, 2011.,The Veteran's radiculopathy of the left lower extremity was granted a separate rating of 20 percent effective December 12, 2011.

The Board finds that the Veteran's low back disorder is related to an injury he sustained during active service, and grants service connection for degenerative arthritis of the lumbar spine.

The Board has granted service connection for a low back disorder and found that the right shoulder disorder is related to military service. The claim for Hepatitis B was not substantiated.

The Veteran's lumbosacral spine disability is rated at 40 percent, effective from May 1, 2002. The issue of entitlement to TDIU due to service-connected disabilities has been raised and addressed in the decision.

The Veteran's claims for service connection for erectile dysfunction, a back disability, and an initial compensable rating for bilateral hearing loss were all denied by the Board.

The Veteran's service connection claims for arthralgia of the skeletal joints, myalgia, gastrointesintal disability (claimed as a stomach disorder), and degenerative joint disease of the lumbar spine have been granted. The Veteran's psychiatric disability (including PTSD and depression) has also been granted. An increased rating for his low back disability is denied.

The Board found no evidence of a low back or knee disability in service, and the competent medical opinions did not support a secondary service connection claim. The Veteran's current disabilities are considered to be unrelated to his service-connected bilateral pes planus.

The Veteran's appeal has been withdrawn due to a request for withdrawal prior to the Board's decision.

The Board has determined that the Veteran's current low back disorders, diagnosed as degenerative arthritis of the lumbar spine and compression fracture T-12, were not incurred in or aggravated by service. The claim is denied.

The Board found that the Veteran does not have a low back disorder that manifested in service or within one year thereafter and is causally related to his military service.

The Board has determined that further development is needed in order to adjudicate the Veteran's claims, including a TDIU claim and an evaluation of his right knee disability. The case will be remanded for these purposes.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his hearing loss, tinnitus, and back disability claims. The RO must ensure all relevant records are associated with the case file.