Back / lumbar spine decisions — 2013

The Board found that the Veteran does not have a low back disability that is causally related to his active military service.

The Veteran's service-connected lumbosacral muscle strain and associated radiculopathy have not met the criteria for higher disability evaluations.

The Board found that the Veteran's degenerative disc disease is not attributable to his period of military service.

The Veteran's claims for increased ratings for cervical and lumbar spine disabilities from June 9, 2008 were denied as his symptoms did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's initial disability ratings for his lumbar spine DDD and associated peripheral neuropathies of the lower extremities have been granted, with a rating of 20 percent effective from January 28, 2005.

The Veteran's appeal is remanded for a more current examination to determine the severity of her low back disability and the etiology of her lower extremity symptoms. The case will be returned to the Board after further development.

The Board has determined that further examination is needed to evaluate the Veteran's current depression and lumbar spine symptoms, as well as his service connection for lower extremity peripheral neuropathy. The claims are being remanded for these purposes.

The Veteran's appeal is remanded for a more contemporaneous VA examination to assess the current severity of his service-connected thoracic and lumbar spine disability, as well as obtaining any recent medical records. The case will be considered from March 22, 2007 to the present.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected thoracolumbar spine, right hip, left hip, left knee, and right ankle disabilities.

The Board denied the Veteran's claim for an effective date earlier than March 1, 2009 for payment of additional compensation for his current spouse. The decision was based on the fact that notice of his marriage to his current spouse was not received at the RO within one year of their marriage or prior to February 10, 2009.

The Board found that the Veteran's lumbosacral disorder was not incurred or aggravated in service and denied his claim for service connection.

The Board has determined that the appellant did not require regular aid and attendance prior to June 12, 2009, as evidenced by her ability to care for herself based on VA examinations conducted in April 2004 and June 2009. The effective date of the award is therefore denied.

The Veteran's degenerative arthritis of the lumbar spine resulted in limited spinal motion, but did not meet the criteria for higher initial ratings. The current rating of 20% is appropriate since July 8, 2011.

The Veteran's claims for service connection were denied as his claimed conditions are not related to his military service or any incident of service. The Board found that the current disabilities are unrelated to his active duty and do not meet the criteria for service connection.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, were denied as there was no evidence of a nexus between the current disabilities and his military service.

The Board found that the Veteran's current thoracic and lumbar spine disorders are not related to his service, either directly or as secondary to a service-connected condition.

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's low back and left knee disabilities, as these issues were not fully addressed in the previous examinations.

The Veteran's low back disability has been rated at 20 percent since October 25, 2012. The claim for higher ratings prior to that date is denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected lumbar spine disability.

The Board has determined that the Veteran's current skin rash of the hands and lumbar spine disability are not related to his active service. The skin condition is presumed to have occurred due to an in-service injury, but there is no evidence of a chronic condition since service. For the lumbar spine disability, while the Veteran reported injuring his back during service, there is no medical evidence linking this injury to his current condition.