Back / lumbar spine decisions — 2013

The Veteran is seeking service connection for a lumbosacral strain, including as secondary to his service-connected right knee disability. The Board has also remanded the issue of entitlement to a total rating based on individual unemployability (TDIU).

The Board has remanded the case for additional development due to inadequate examination reports and incomplete records.

The Veteran's back disability is rated at 20 percent prior to April 6, 2011 and the Board finds this rating more accurately reflects his condition over the past four to five years. The issue of TDIU has been raised by the record.

The Board has granted the Veteran's claims for higher ratings for lumbar and cervical spine disabilities, but denied his claim for service connection for a left shoulder disorder. The TDIU issue is also addressed.

The Board has remanded the case for further development and consideration, including a new VA examination to address the adequacy of the previous one. The Veteran's claim for TDIU is also being remanded as it is inextricably intertwined with his service connection claim.

The Board has determined that the Veteran's diagnosed right knee and low back disorders are not causally related to his service-connected right ankle disability, and are not aggravated by it.

The Veteran's service-connected disabilities, including lumbar degenerative disc disease and chronic bilateral eye ocular toxoplasmosis residuals, rendered him unable to secure or follow substantially gainful employment during the period from January 15, 2000 to September 16, 2005.

The Board has remanded the case for additional development due to conflicting statements and lack of medical records, including a 2004 surgical report.

The Veteran's claim for an increased evaluation of his lumbosacral strain with post-operative herniated disc repair at L5-7 and degenerative disc disease was denied. The current rating is 20 percent, effective from September 23, 2008.

The Board denied service connection for a back disability, bruised kidney, and pneumonitis. The Veteran did not have chronic low back symptoms in service or continuous low back symptoms since service separation. A currently diagnosed low back disability is not related to service. The Veteran did not exhibit symptoms or a disability related to a kidney disorder in service. A currently diagnosed kidney disorder is not etiologically related to service. The Veteran was treated for an acute episode of pneumonitis in service which resolved. The Veteran does not have currently diagnosed pneumonitis.

The Board denied the Veteran's claim of service connection for a lower back disability, finding that there was no evidence to support his contention that he incurred or aggravated this condition during military service.

The Veteran's service-connected disabilities alone are not of such nature and severity as to prevent him from securing or following any substantially gainful employment.

The Veteran's appeal for service connection of a back disorder has been dismissed due to the death of the appellant.

The Board denied the Veteran's claims of service connection for low back and right knee disorders.

The Board has remanded the case due to incomplete records and need for further medical examinations.

The Board found that there was no additional low back disability due to VA negligence or fault, and thus compensation benefits under 38 U.S.C.A. § 1151 are not warranted.

The Board has remanded the case for further development and to schedule a videoconference hearing before a Veterans Law Judge.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no clear and unmistakable evidence to rebut the presumption of soundness. The Veteran's pre-existing back condition did not undergo an increase in severity during his military service.

The Board has found that new and material evidence has been received to reopen the claim of entitlement to service connection for a back disability. However, further development is required with respect to the underlying service connection claim.

The Veteran's claims for service connection of various orthopedic and neurological conditions have been denied as there is no competent evidence showing a nexus between the current disabilities and service.