Back / lumbar spine decisions — 2013

The Veteran's lumbosacral strain is currently rated at 40 percent, but the evidence does not meet the criteria for a higher rating as there is no unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least six weeks in the past twelve months.

The Board has reopened the claims for service connection for bilateral shoulder disability and skin disability, but denied reopening of the claim for back disability. The Veteran's skin condition is related to service by way of aggravation, while his bilateral shoulder disability does not appear to be related to service.

The Board has determined that the Veteran's back and left ankle disabilities are not service-connected as they did not begin during or within a year of his period of active duty, and there is no evidence linking these conditions to his military service.

The Board has found that the necessary development of evidence was not completed and has ordered further action to obtain missing service treatment records and schedule a VA examination.

The Veteran's claims are being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records. The issue of entitlement to a TDIU due to service-connected disabilities is also raised by the record.

The Board denied the Veteran's claim for service connection for back disability, finding that it was not incurred or aggravated during service and is not related to his right knee disability.

The Board denied the Veteran's claims for service connection for a low back disability and an acquired psychiatric disorder, including PTSD. The Veteran did not meet the minimum criteria for TDIU due to a service-connected disability.

The Veteran's claims for increased ratings for osteoporosis of the cervical spine, thoracolumbar spine, left knee, and right knee were denied as there is no evidence that warrants a higher evaluation based on current symptomatology.

The Board has remanded the case for additional development, including obtaining relevant VA treatment records and confirming which 'Mercy' facility treated his back in 1963 and 1971.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral lower extremity radiculopathy, render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is being remanded due to inclement weather preventing the scheduled hearing. The case will be processed again with a videoconference hearing.

The Veteran's bilateral hearing loss disability is found to have onset in service or be caused by his active military service, and the Board grants entitlement to service connection for this condition. The low back disability and residuals of a fractured coccyx are remanded for further development.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine disability was rated at 40 percent, while the radiculopathy of the bilateral lower extremities received staged ratings.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to determine if he has any current residuals of his in-service pilonidal cyst, and whether any current back disability is related to service.

The Veteran's service-connected disabilities do not cause functional limitations that prevent him from overcoming his employment handicap, and thus he is not entitled to vocational rehabilitation training under Chapter 31 of Title 38 of the United States Code.

The Veteran's lumbar spine disability has been rated as 10 percent disabling since June 1, 2005. The Board found that the current rating adequately reflects his symptoms and does not warrant a higher rating.

The Veteran's PTSD was rated at 50 percent prior to January 28, 2010 and is now rated at 70 percent. His hypertension remains at a 10 percent rating. The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent as of July 21, 2009.

The Veteran's low back strain was incurred in service and is currently present. The Board finds that the current low back disability is less likely than not caused by or aggravated by a service-connected condition.

The Board denied service connection for bilateral eye disability, back disability, and hypertension. The Veteran's claims were not reopened for bilateral hearing loss.