Back / lumbar spine decisions — 2013

The Veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance of another person, or at the housebound rate was denied as he does not meet the criteria for such benefits.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and readjudicating his claims. The case will be returned to the Board after these steps are completed.

The Veteran's cervical spine disability was granted a 20 percent evaluation from July 21, 2006 until December 16, 2008. From December 16, 2008, the Veteran is not entitled to an increased rating for her cervical spine disability.

The Veteran's radiculopathy of the left lower extremity has been rated at 40 percent since April 25, 2012. The Board found that his condition did not warrant a higher rating.

The Board has remanded the Veteran's appeal to the RO for additional action regarding his claims of service connection for a lumbar spine disorder, bilateral hearing loss, tinnitus, and a headache disorder.

The Veteran's service-connected disabilities, including bilateral Achilles tendonitis and a low back disorder, combine to provide him with at least a 60 percent rating. The Board finds that the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board found that the Veteran's chronic back disability did not have its onset during active military service and denied his claim for service connection.

The Board has remanded the case for further development due to inadequate rationale in a previous VA examination and an incorrect factual basis used by the examiner.

The VA determined that there is no evidence to support a finding of service connection for the Veteran's back disability, and thus denied this claim.

The Board has determined that further development is necessary to determine the nature and etiology of the Veteran's claimed low back disorder, including a review of his in-service injury and any outstanding treatment records. The case is being remanded for these purposes.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled videoconference hearing. He requested rescheduling due to hospitalization, and the Board finds this reasonable.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records from Dr. T. L. N.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for low back disability, cervical spine disability, and left knee disability. The Veteran's current disabilities are found to be at least as likely as not related to his military service.

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative disc disease and degenerative joint disease of L4-L5, was not incurred in or aggravated by active military service. The pre-existing pars interarticularis defect and spondylolysis at L4 were found to have existed prior to service and were not aggravated during service.

The Board found no evidence to support the Veteran's claim that his current low back disability, including sciatic nerve involvement, was caused by events or conditions during service. The examiner concluded there is no nexus between the Veteran's claimed disabilities and his active duty.

The Veteran's appeal has been withdrawn, and the claims for increased ratings for service-connected thoracolumbar spine and right hip disabilities have been dismissed.

The Board has found that new and material evidence has been submitted to reopen the Veteran's claim of entitlement to service connection for a lumbar spine disability, to include as secondary to service-connected arteriovascular insufficiency of both lower extremities. The reopened claim is remanded to the RO.

The Board has determined that further development is needed for the Veteran's claims of service connection for a low back disorder, bilateral knee disorder, and PTSD due to issues with his discharge from service and incomplete medical records. The claims are being remanded to obtain additional information and evidence.

The Board denied service connection for the appellant's claimed low back disorder, left knee injury (torn meniscus), obstructive sleep apnea, irritable bowel syndrome, left ankle/tendon disorder, and right ankle/tendon disorder. The decision found that these conditions were not incurred or aggravated by active military service.