Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's back, left shoulder, and left knee disabilities are likely related to his military service. The evidence supports a finding of service connection for these conditions.

The Board has determined that the appellant's ACDUTRA service does not meet the criteria for attaining Veteran status, and therefore cannot establish service connection for any of the claimed disabilities. The Board also found no competent or credible evidence linking any of these conditions to the appellant's military service.

The Veteran's diagnosed low back disorder, specifically myofascial lumbar syndrome, was incurred during service. The Board finds that the Veteran also incurred bilateral shoulder disorders (left and right) during service.

The Veteran's claims of service connection for a back disability, residuals of head injury (including headaches and cervical spine disability), bilateral ankle disability, left eye disability, and cervical spine disability have been reopened. The Board finds that new and material evidence has been received to reopen these claims.

The Board has remanded the case for a VA examination to determine if the Veteran's current back disability is related to service, including his in-service duties of maneuvering 4,000-pound torpedoes. The claim will be readjudicated after this additional development.

The Board has remanded the case for further development, including obtaining a Social and Industrial Survey to determine if the Veteran's service-connected disabilities render her unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's claimed low back, left ankle, right ankle, left hip, and right hip disabilities are not service-connected as they did not have their onset during service or are not related to disease, injury, or event of service origin or to a service-connected disability.

The Board has granted an initial rating of 10 percent for the Veteran's service-connected left upper lumbar back strain, effective November 21, 2003.

The Veteran's lumbar spine disability is rated as 10 percent disabling, and his bilateral lower extremity radiculopathy is separately rated at 10 percent each. The Board finds no basis for a higher rating.

The Veteran's service-connected thoracolumbar strain has been rated at 10 percent since June 2007. The Board found that the condition did not meet criteria for a higher rating prior to July 20, 2012 and from July 20, 2012 to November 13, 2012, it met criteria for a 20 percent rating.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of any current left knee and back disorders, as well as an evaluation of his service-connected collapsed arch of the left foot. The earlier effective date issue related to TDIU will also be addressed.

The Veteran's appeal has been withdrawn by the appellant, and thus the case is dismissed.

The Veteran is seeking service connection for a low back disorder that he believes is secondary to his service-connected right femur fracture. The Board has determined that additional development, including obtaining medical records and arranging for an examination, is necessary before the claim can be decided.

The Board has determined that the Veteran's current disorders of the lumbar spine, bilateral knees, and bilateral hips are in part proximately caused by and aggravated by his service-connected left Achilles tendonitis. The VHA specialist concluded that these conditions were related to the altered gait resulting from the left ankle disability.

The Veteran's appeal is remanded due to the need for additional VA examinations and treatment records, as well as further development of his claims.

The Board denied the Veteran's application to reopen his claim for service connection for lumbosacral spondylolisthesis and found that new and material evidence had not been received. The proteinuria claim was also denied as it is a laboratory finding rather than a disability.

The Veteran's service-connected disabilities (lumbosacral strain, major depressive disorder, and bilateral pes planus) combine to make him unable to secure or follow a substantially gainful occupation.

The Board has decided that the Veteran's appeal is not about service connection and thus does not address any of his claims for service connection. The case must be remanded to schedule a videoconference hearing.

The Veteran's lumbar spine, left knee, right foot, and left foot disabilities are rated as noncompensable under the General Rating Formula for Diseases and Injuries of the Spine. The Board grants separate compensable ratings (10%) for each disability.

The Veteran's appeal is being remanded for a videoconference hearing due to his request, and the case will be processed in accordance with established appellate procedure.