Back / lumbar spine decisions — 2013

The Board has remanded the Veteran's claims for additional development due to inadequate opinions in previous VA examinations and insufficient consideration of all submitted evidence.

The Board found that the Veteran's current back disability is not related to his military service and denied the claim.

The Veteran's disabilities do not render him so helpless as to require the regular aid and attendance of another person, thus he does not meet the criteria for special monthly pension based on need for regular aid and attendance.

The Veteran's appeal for service connection for hypertension was withdrawn. The claim for compensation under 38 U.S.C.A. § 1151 for a left knee disorder is denied as there is no evidence of an additional disability caused by participation in the VA compensated work therapy program. Service-connected degenerative disc disease of the lumbar spine remains rated at 20 percent.

The Veteran's appeal involves multiple issues related to his service-connected arthritis, including claims for increased ratings and a TDIU. The Board has granted secondary service connection for the low back disorder due to pes planus, but denied other claims.

The Board has remanded the case due to incomplete medical records and requests for additional evidence. The Veteran's claim for service connection for a thoracic and lumbar spine disability, including as secondary to his service-connected right and left knee disabilities, is being returned to the RO/AMC for further development.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection of bilateral hearing loss, degenerative arthritis of the lumbar spine, and right eye disability. The case is being remanded for further examination and opinion.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found that the Veteran's current left knee and low back disabilities are not related to his military service or a service-connected right knee disability. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's claims for increased ratings were denied. The lumbar spine disability was found to be manifested by pain and functional loss, but not ankylosis or incapacitating episodes lasting at least 6 weeks. For the left great toe and hallux valgus deformity of the first metatarsophalangeal joint, the disability was productive of mild to moderate symptoms prior to February 22, 2008 and severe symptoms from November 11, 2011 onwards. The second toe with metatarsalgia was found to be productive of mild to moderate symptoms since September 18, 2007.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding her claimed conditions and theories of service connection.

The Veteran's service-connected lumbosacral strain is rated at 20 percent disabling, effective April 21, 2003.

The Veteran's claims for service connection were denied. The Board found that hypertension was not incurred in or aggravated by service and may not be presumed to have been so incurred.

The Board has ordered a new VA orthopedic examination to determine if any current back disorder is related to the Veteran's military service, or if it preexisted service and was aggravated therein. The case will be returned for further development.

The Board has determined that the Veteran does not have a current psychiatric disorder, right knee disorder, or cervical spine disorder that is service-connected. The evidence does not support a finding of in-service disease or injury for any of these conditions.

The Veteran seeks service connection for degenerative disc disease of the lumbosacral spine, which she contends is related to her active duty service and/or a service-connected left knee disability. The case must be remanded to obtain additional development including obtaining dates of ACDUTRA/INACDUTRA for July 1992, obtaining SSA records, and providing an opinion on the etiology of the Veteran's spine disability.

The Board has determined that the Veteran's service-connected disabilities, including hypertension, degenerative arthritis in both knees, traumatic arthritis in the elbow, pes planus, chronic low back strain, and chronic sinusitis, contributed to his death from an overdose of propoxyphene. The Board finds that these conditions were directly related to the cause of death.

The Veteran's low back disability is manifested by chronic pain and limitation of motion, but there is no evidence of ankylosis or associated neurologic impairment. The claim for a higher rating than 40 percent has been denied.

The Board denied service connection for a low back disability, finding that the Veteran's current condition is not related to his military service.

The Board found that the Veteran's current low back disorder and acquired psychiatric disability are not related to his military service.