Back / lumbar spine decisions — 2013

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of her lumbar spine degenerative disc disease and another VA examination to determine her employability due to service-connected disabilities.

The Board found that a chronic back disorder was not incurred in or aggravated during service, and arthritis may not be presumed to have been incurred therein.

The Board denied the claims for service connection for various conditions, including anxiety disorder, hemorrhoids, bilateral hearing loss, tinnitus, sinus disability, back disability with sciatica, numbness of the right lower extremity, ruptured disc, residuals of a neck injury, and left arm and shoulder disability.

The Veteran's claim for an increased disability evaluation for his service-connected lumbosacral strain was denied by the Board, with a 10 percent rating continuing in effect.

The Veteran's lumbar spine disability was evaluated at a 20 percent rating prior to July 23, 2010. The claim for an increased evaluation is granted.

The Board has determined that the Veteran's current back disability is not related to his active service, and therefore denied his claim for service connection.

The Veteran's claim for an initial rating higher than 40 percent for degenerative disc and joint disease of the lumbar spine was denied as his disability is already rated at its maximum under the applicable diagnostic codes.

The Board has remanded the case due to need for clarification from a VA examiner regarding the Veteran's back condition and its relation to service.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his service-connected disabilities and determine if he is entitled to increased ratings.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and conducting a VA examination to determine the etiology of his left eye disability.

The Veteran's claim for a rating in excess of 10 percent for chronic adjustment disorder was granted, and he is currently receiving a 10 percent disability rating. The claims for service connection for low back disorder, hypertension, and squamous cell carcinoma of the left mandible were denied.

The Board has determined that the Veteran's low back disability is permanently aggravated by his service-connected bilateral knee disability, and therefore grants service connection for this condition on a secondary basis.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical opinions and records.

The Veteran's claim for service connection for bilateral hearing loss disability and PVD of the lower extremities, as secondary to his service-connected lumbar spine disorder, was granted. The effective date for this grant is set at June 19, 2009.

The Board found that the Veteran's low back disorder is not proximately due to, the result of, or aggravated by his service-connected left knee disability and is not related to his active military service.

The Board has ordered additional development to obtain VA treatment records from the Veteran's active duty period and other relevant sources. The claim will be remanded for further action.

The Board found that the Veteran's chronic back disability was not incurred in or aggravated by active military service and arthritis may not be presumed to have been so incurred, for the purpose of receiving accrued benefits.

The Board found that the Veteran's current low back disability, including herniated nucleus pulposus and degenerative lumbar disease with stenosis, was incurred in service due to a motorcycle accident prior to his entry into active duty.

The Board denied the Veteran's claims of service connection for left knee, low back, and bilateral foot disorders due to a lack of evidence linking these conditions to his military service.

The Board denied the claim for service connection for the cause of death, finding that there was no evidence linking any service-connected condition to the Veteran's death. The immediate cause of death was listed as bilateral pneumonia-mixed bacterial.