Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's current low back disabilities, including degenerative disc disease of the lumbar spine, are attributable to service and grants service connection for these conditions.

The VA determined that the Veteran's back disability is not related to his service or a service-connected condition, and thus denied his claim for service connection.

The Board has remanded the Veteran's claims for service connection due to insufficient medical evidence and a need to obtain additional records, particularly related to any work injury claim. The Veteran will undergo VA examinations to determine if his current sinusitis, chronic pharyngitis, sciatic nerve disability, or low back disability are at least as likely as not related to his active duty service.

The Board has determined that there is no evidence of a low back disability in service and the preponderance of the evidence does not support a finding that any current low back disability is related to service. The Veteran's hypertension was also not incurred in service, and the preponderance of the evidence is against a finding that it is related to his service.

The Veteran's low back disability was rated at 40 percent from May 1, 2005; 20 percent from December 1, 2008; and 40 percent from March 30, 2012. The rating for right lower extremity radiculopathy was also granted.

The Veteran's claims of entitlement to service connection for a lumbar spine disability and right knee disability have been denied as the Veteran failed to report for scheduled VA examinations, which were necessary to properly adjudicate these claims.

The Board denied the Veteran's claims for service connection for a low back disorder and TDIU, finding that there was no evidence of an in-service injury or disease leading to his current condition. The Board also noted that his service-connected disabilities did not preclude him from securing or following a substantially gainful occupation.

The Veteran's right lower extremity radiculopathy is rated at 10 percent since October 20, 2012. The left lower extremity radiculopathy has been rated at 20 percent from January 7, 2008.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and providing the Veteran with VA examinations to address his claims. The issues remaining for adjudication are limited to those listed on the Title Page.

The Board has denied the Veteran's claims for service connection for various conditions, including a right elbow injury and head injuries. The decision is based on insufficient competent medical evidence.

The Board denied the Veteran's claims for service connection for left hip degenerative joint disease and lumbar spine disability, finding that these conditions were not shown in service or within the initial post-service year.,There is no evidence of a nexus between the current disabilities and service.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records, arranging for a sleep apnea examination, and scheduling an appropriate back disability and right thigh nerve examination.

The Veteran's back disability, evaluated as 10 percent disabling prior to December 16, 2010, is now rated at 40 percent effective from that date.

The Veteran's low back disability was rated at 40 percent effective January 8, 2007, based on the evidence showing increased problems with his condition in the year prior to the claim for an increase.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding the severity of his service-connected lumbosacral strain and the etiology of his erectile dysfunction.

The Veteran's service connection claims for low back disorder, asthma, PTSD, knee disorders, ankle disorders, shoulder disorders, bilateral pes planus, and hypertension have been granted with initial disability ratings effective October 1, 2007.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Veteran's congenital defects of the cervical spine, lumbar spine, shoulder, and pectoral muscles were not incurred in or aggravated by his military service.

The Board found that the Veteran's hearing loss, dental condition, and back condition did not meet the criteria for a compensable rating or service connection. The evidence showed no significant impairment in these conditions during the period on appeal.

The Veteran's claims for service connection were denied. The Board found no evidence of hearing loss, tinnitus, low back disability, PTSD, bronchitis, right knee disability, left knee disability, or bilateral plantar fasciitis that had its onset during active service.