Back / lumbar spine decisions — 2013

The Board has remanded the case due to insufficient evidence to decide the claims of service connection for migraine headaches and left knee disability. The claim of service connection for a low back disability is deferred until the claim of service connection for the left knee disability is finally adjudicated.

The Veteran's service-connected disabilities have not rendered him unable to obtain and retain substantially gainful employment.

The Board finds that the Veteran's low back, left knee, and left hip disorders are secondarily related to his service-connected right knee disability.

The Board found that the Veteran's current back disability is not causally related to his active service or any incident therein, and thus denied entitlement to service connection for a back disability.

The Veteran's claims for increased disability ratings for various musculoskeletal conditions have been denied. The VA has determined that the current evaluations do not meet the criteria for higher ratings based on the evidence of record.

The Board finds that the Veteran's headaches are not related to his active duty service or a service-connected disability, and therefore, denies the claim for service connection.

The Veteran's service-connected degenerative disc disease of the lumbar spine has resulted in some degree of limited motion with pain, warranting a 10 percent evaluation as of September 28, 2012.

The Board denied the Veteran's claims of service connection for sleep apnea, low back disability, narcolepsy, and left knee disorder. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The Veteran's low back disability is currently rated at 40 percent, the maximum schedular rating available under DC 5242. The evidence does not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes with a total duration of at least 6 weeks during the past 12 months.

The Veteran's appeal is being remanded to obtain additional VA treatment records, update his vocational rehabilitation folder, and provide him with a new VA examination. The claims will be readjudicated based on the updated evidence.

The Board has decided to remand the case for further development due to missing service treatment records and a need for a VA examination to determine the etiology of the Veteran's back disability.

The Board found that the evidence did not support a finding of service connection for a back disorder, as there was no credible evidence showing it had its onset in service or was otherwise causally related to service.

The Board has ordered additional development to determine if the Veteran's low back injury is related to his military service, including obtaining medical records from Dr. Sirchia and Sun City Hospital.

The Board has remanded the case for further development due to inconsistencies in duty status and medical opinions regarding service connection.

The Board denied service connection for the claimed hiatal hernia, low back disorder, arthritis of the bilateral shoulders, arthritis of the bilateral knees, and left shoulder disability. The claims were based on direct evidence rather than a presumption or secondary to another condition.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted effective April 24, 2006. The criteria for TDIU were met as of that date due to the severity of his service-connected disabilities.

The Board finds that the evidence is in equipoise as to whether the Veteran's current back disability, diagnosed as lumbosacral degenerative disk disease with lumbar radicuopathy, postoperative, was incurred during service. The claim for service connection is granted.

The Veteran's appeal is being remanded due to the need for additional development of his claims, including obtaining updated VA and private treatment records, as well as SSA disability records. The case will be returned to the Board after these developments.

The Veteran's claim for an increased initial evaluation of her lumbar spine strain has been remanded due to the need for additional development, including obtaining VA treatment records and private chiropractic records.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for a right shoulder disability, a cardiac disability (claimed as chest pain), and a right knee disability. The Veteran's left knee disability is found to be incurred in service, while his back disability may not be presumed due to its lack of onset during service or within one year thereafter.