Back / lumbar spine decisions — 2013

The Board has denied the Veteran's claims for service connection for a mental condition, left ear hearing loss, and lumbar strain, osteopenia (claimed as a low back condition). The decision is based on the lack of evidence showing a causal link between these conditions and service.

The Board has denied the Veteran's claims for service connection for low back disability and bilateral knee disability, finding that there is no evidence to support a link between these conditions and his military service.

The Board has remanded the case for additional development, including obtaining medical records and attempting to obtain a statement from a witness regarding an alleged motor vehicle accident. The claims will be readjudicated based on this new evidence.

The VA determined that the Veteran's low back disorder did not manifest during service or within one year of separation, and is not related to any incident of service. The Board found no evidence linking his current condition to his in-service injury.

The Board has determined that the Veteran's left knee and low back disorders are not related to his active service or a service-connected disability. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's appeal has been withdrawn, and all issues have been resolved with a grant of service connection for a psychiatric disability, an increased rating for the back disability, and assignment of a combined 100% disability rating.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's claims for increased ratings for his service-connected degenerative changes of the lower lumbar spine and residuals of a right ankle injury were denied. The Board found that prior to February 11, 2013, the Veteran's residuals of a right ankle injury did not meet the criteria for a rating in excess of 10 percent. On and after February 11, 2013, his residuals met the criteria for a 20 percent rating.

The Board found that the Veteran's right hip replacement surgery did not result in additional disability due to VA carelessness, negligence, or error. The medical evidence does not support a finding of causation.

The Board found no evidence to support a connection between the Veteran's current thoracolumbar spine disorder and his military service, including any period of active duty. The claim was denied.

The Veteran's low back disability, including thoracic levoscoliosis and degenerative joint disease, was not found to warrant a higher initial or subsequent rating.

The Veteran's TDIU claim is being remanded for further consideration, including a determination on whether an extraschedular TDIU should be awarded.

The Veteran's service-connected disabilities combined to a 90% rating effective September 1, 2007. As his disability was permanent and total as of that date, he is eligible for Dependents' Educational Assistance (DEA) benefits.

The Board found that the reduction in the rating for low back strain from 40 percent to 20 percent was proper, as the evidence at the time of the reduction demonstrated improvement.

The Veteran's claims for higher ratings for his service-connected tension headaches, right ankle disability, cervical spine disability, and thoracolumbar spine disability have been denied. The current evaluations are deemed appropriate.

The Veteran's service-connected lumbosacral strain is currently rated at 40 percent, effective April 1, 2011. The rating for his right and left knee chondromalacia remains at 10 percent.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and addressing his claim for a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran withdrew his appeal for a rating in excess of 40 percent for the service-connected low back strain with degenerative joint disease.

The Veteran's radiculopathy of the bilateral lower extremities is found to be caused by her service-connected low back disability, and thus service connection is granted.

The Board has determined that additional development is needed to clarify the Veteran's service status and to obtain medical opinions regarding her lumbar spine disorder and bilateral hip disability. The case will be remanded for these actions.