Back / lumbar spine decisions — 2013

The Board found that the Veteran's current low back disability is not related to his military service, including an in-service motor vehicle accident. The preponderance of evidence does not support a finding of service connection.

The Veteran's claim for an extraschedular evaluation in excess of 40 percent for his service-connected back disability is being remanded due to insufficient evidence and the need for a new VA examination.

The Board found the Veteran's lumbar and cervical spine conditions did not warrant a rating in excess of 10 percent prior to March 2012, as his range of motion was within functional limits.

The Veteran's right ankle disorder and low back disorder were rated at 20 percent prior to April 4, 2012. Since then, the rating has been increased to 40 percent for both conditions.

The Veteran's appeal is being remanded for further development, including additional VA examinations to address the claims of service connection for cervical spine disability, lumbosacral spine disability, and right ankle disability. The claims will be reconsidered after this additional development.

The Veteran withdrew his appeals for service connection of hernia, ulnar neuropathy, and osteomyelitis. The Board also dismissed the claim to reopen service connection for low back disability due to withdrawal.

The Board has determined that further development is needed to determine the Veteran's eligibility for a total disability rating based on individual unemployability due to his service-connected disabilities. The case is being remanded for additional examination and opinion.

The Board vacated the January 5, 2012 decision due to the Veteran's failure to appear for a hearing and remanded the issues of CUE in the 1986 rating decision and service connection for cervical spine disability. The case is now being returned to the Board for further action.

The Board found that the Veteran's current back and leg numbness and additional circulatory disorders are not related to his active service, as there is no evidence of such conditions during or within one year after service. The Board concluded that these disabilities were not incurred in service.

The Board granted a 60 percent rating for lumbar spine degenerative spondylosis with IVDS effective February 1, 2013. The Veteran's condition was not rated higher due to the absence of ankylosis or incapacitating episodes.

The Veteran withdrew his appeals for service connection for low back disability and skin cancer.

The Board found that the Veteran's current right and left knee degenerative arthritis, as well as his thoracolumbar spine degenerative arthritis and disc disease, are related to his service-connected residuals of cold weather injury to the right and left lower extremities. The claims were granted.

The Board has determined that the Veteran is entitled to a rating of 40 percent for his lumbar spine disability since October 6, 2009. The effective date remains pending further review.

The Board has remanded the case due to incomplete development of records and need for a VA examination. The Veteran's claim for service connection for a back disorder is pending.

The Board found that the preponderance of the evidence is against the Veteran's current claims for service connection for low back, bilateral knee, and right hip disorders. The Veteran did not provide sufficient medical or other credible evidence to substantiate his claims.

The Board denied the Veteran's claims for service connection for his claimed conditions, finding that they were not proximately due to or the result of a service-connected left knee disability.

The Board has remanded the Veteran's claims due to new evidence received after a final decision, and for further examination of his back and neck disorders.

The Board has reopened the claim of service connection for a back disorder, but did not decide whether it was related to service due to lack of new and material evidence. The Veteran's failure to appear for a VA examination does not affect this decision.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and a VA examination to assess the severity of his service-connected lumbosacral strain.

The Board has reopened the claim of service connection for a low back disability and granted it, with an effective date prior to September 1969. The Veteran's current diagnosis of degenerative disc disease is found to be related to his military service.