Back / lumbar spine decisions — 2013

The Board has remanded the Veteran's claims due to inadequate opinion in his VA examination and need for additional development of his claim.

The Veteran's lumbar spine intervertebral disc syndrome and related conditions have been granted higher initial disability ratings, with a total rating of 40 percent.

The Board has granted service connection for a gastrointestinal disability, reopened claims for cervical spine and lumbar spine disabilities, and granted increased ratings for bilateral hearing loss and scars from a fracture to the left forearm. The Veteran's cervical spine disability claim remains pending as it was not granted.

The Veteran's appeal is being remanded for additional development of his claims, including the retrieval of recent outpatient records and authorization to obtain private treatment records. The TDIU claim will also be reconsidered.

The Veteran's service-connected low back strain disability alone is not severe enough to prevent him from engaging in substantially gainful employment.

The Board denied service connection for an eye disability and found that the Veteran's degenerative disc disease of the lumbar spine warrants a 40% rating, but not higher. The decision also noted there were no incapacitating episodes or other evidence supporting a higher rating.

The Board has determined that service connection is granted for herpes encephalitis, as the Veteran's MRI shows sequelae of this condition. Service connection for cerebrovascular accident and low back disorder are denied.

The Veteran's claims for increased ratings and an earlier effective date were denied. The claim for a compensable evaluation prior to October 23, 2012 was granted.

The Board found that there was no material improvement in the Veteran's lumbar spine disability since his last examination, and thus denied the reduction from a 40 percent rating to a 20 percent rating.

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

The Veteran withdrew his appeal regarding the issues of service connection for lumbosacral degenerative disc disease and an increased disability rating for PTSD prior to a decision being made.

The Board has reopened the Veteran's claim of service connection for an acquired psychiatric disorder, to include a depressive disorder. The evidence now shows that he has a current psychiatric condition related to his active service. Service connection is granted for this condition. The Veteran also has hypertension and other conditions which are being remanded for further review.

The Veteran's claim for a higher initial rating for his service-connected degenerative joint disease of the lumbar spine is being remanded due to the need for additional VA examinations and records.

The Veteran's appeal is being remanded for further development, including obtaining outstanding VA treatment records and scheduling a VA examination to assess the severity of his lumbar spine disability.

The Veteran's appeal is being remanded for additional development to include obtaining VA treatment records and scheduling the Veteran for examinations to determine if his current disabilities are related to service.

The Board found that the Veteran's service-connected bilateral knee disabilities did not cause or aggravate his current back disability, and thus denied his claim for secondary service connection.

The Veteran is seeking service connection for various conditions, including hypertension, degenerative disc disease of the cervical spine, tinnitus, a scalp laceration scar, and PTSD. The issues include secondary service connection for hypertension, rating adjustments for PTSD, and an earlier effective date for PTSD.

The Veteran's claim for an increased rating for duodenal ulcer and lumbar spine spondylolisthesis with chronic low back pain was granted, with a disability rating of 40 percent effective September 7, 1994. The right lower extremity radiculopathy associated with lumbosacral strain to include spondylolisthesis at L5-S1 is also rated as 40 percent disabling.

The Board has granted service connection for lumbosacral and cervical strain, and the Veteran's PTSD is rated at 50 percent.

The Board found that the Veteran's current lumbar spine disorder is not related to his service, and thus denied his claim for service connection.