Back / lumbar spine decisions — 2013

The Board has remanded the case for additional development, including obtaining VA treatment records and a medical opinion regarding service connection.

The Board has remanded the case to conduct a new VA examination and review of the claims file, including private medical records and service treatment records. The Veteran's claims for service connection will be reconsidered based on the additional evidence.

The Board has ordered additional development to address the Veteran's claim for service connection for lumbar spine disorders, including as secondary to his service-connected left knee degenerative arthritis. The case is now remanded for further examination and medical opinions.

The Board has determined that the Veteran's claimed disabilities, including back and neck injuries sustained during service, do not meet the criteria for service connection. The evidence does not establish a current disability or link to service.

The Board has remanded the case due to a need for a hearing before the Board of Veterans' Appeals.

The Veteran's claims for increased ratings for right and left knee sprains, as well as his claim for service connection for chronic back pain were all denied by the RO.

The Board finds that the Veteran's neck disability is directly related to service and grants service connection for a neck disability.

The Veteran's claim for an increased evaluation for his service-connected lumbosacral strain with degenerative changes and intervertebral disc syndrome was denied. The RO found that the evidence did not show any incapacitating episodes due to the disability, which prevented a higher rating.

The Veteran's lumbar spine disability has been rated at 40 percent for over a decade, but does not meet the criteria for a higher rating due to lack of unfavorable ankylosis. The claim for service connection for left hand arthritis and TDIU is denied.

The Board has denied the Veteran's claims of service connection for fibrosing mediastinitis, back condition (originally claimed as back pain), and right thigh condition. The decision also reopened his previously denied claims for these conditions.

The Veteran's low back disability is currently rated at 20 percent, the maximum schedular rating available for degenerative changes of the lumbar spine. The Board finds that his symptoms do not warrant a higher evaluation as they are consistent with the current 20 percent rating.

The Veteran's low back disability was rated at 40 percent from April 1, 2008 through July 7, 2008 and on and after November 1, 2008. The rating is based on the orthopedic manifestations of pain and decreased limitation of motion.

The Board has ordered additional development due to outstanding medical issues, including the need for x-rays of the Veteran's thoracic spine. The case will be remanded for further examination and review.

The Board has determined that the Veteran's claimed conditions are not related to service and have denied his claims for service connection.

The Veteran's combined rating for his service-connected disabilities is 40 percent, which does not meet the criteria for a TDIU based on schedular ratings. The VA examiners have indicated that while the Veteran has significant pain and limitations in movement due to his service-connected conditions, he can still perform sedentary employment.

The Board has determined that the Veteran's back and neck disabilities are not related to his military service, and thus denied both claims.

The Veteran's service-connected low back disability was found to not warrant a rating in excess of 20 percent from March 31, 2006 to September 9, 2010, and in excess of 40 percent from September 9, 2010.

The Board has granted the Veteran's claims for service connection for a lumbar spine disorder and numbness of the lower extremities, finding that there is at least an approximate balance of positive and negative evidence regarding these issues. The Board concludes that service connection is warranted based on the medical opinions provided.

The Board has determined that the Veteran's current degenerative changes of the lumbar spine are proximately due to or the result of his service-connected left knee disability, and thus grants the claim for service connection.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the provision of any relevant medical records.