Back / lumbar spine decisions — 2013

The Veteran's appeals for initial ratings for her left knee disability and degenerative disc disease of the lumbar spine have been dismissed as she has withdrawn all remaining appeals.

The Veteran's lumbar spine disability, including herniated discs and degenerative disease, is found to be proximately aggravated by his service-connected right knee disability. The claim for increased rating of the right patella is granted.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not have a current sleep disorder, and her headaches met the criteria for a 10% rating.

The Veteran's claim for an increased evaluation for his service-connected back disability is being remanded due to the need for a new VA examination.

The Board denied the Veteran's claims for increased ratings and service connection, finding that his right pelvis fracture with right hip degenerative joint disease warranted a 10 percent rating throughout the appeal period.

The Veteran's claims for right lower extremity radiculopathy, left lower extremity radiculopathy, scar residuals of the face and head, rhinitis, neck injury, low back injury, right hip disorder, left hip disorder, right upper extremity radiculopathy, and left upper extremity radiculopathy were all denied as not having their clinical onset in service or being otherwise related to active duty.,The Veteran's claim for service connection for sinusitis was not reopened due to the evidence received since December 2006 being cumulative or redundant of evidence at the time of the prior denial.

The Board has remanded the case due to the need for further development, including a VA examination and consideration of new evidence. The Veteran's claim for an increased evaluation for his low back strain is pending.

The Board has decided to remand the case for additional development, including obtaining specific dates of active and inactive duty training in the Air Force Reserves, updating VA treatment records, and scheduling a VA examination.

The Veteran's cervical spine disability was rated at 20 percent prior to February 11, 2011 and increased to 30 percent thereafter.

The Veteran's claim for a higher rating for his service-connected degenerative joint disease of the lumbar spine was granted, with a current disability rating of 20 percent. The issue of entitlement to TDIU due to service-connected disabilities is also addressed and resolved in favor of the Veteran.

The Veteran is seeking to reopen his claim for service connection of a low back disability. The Board has decided the case should be remanded due to incomplete records and the need to provide the Veteran with copies of the evidence from the February 1957 denial.

The Board found that the Veteran's current lumbar spine disorder is not related to his service and denied his claim for service connection.

The Veteran's appeal is being remanded to the RO for a videoconference hearing before the Board. The issues of service connection for left knee disability, lower back disability, pes planus, and a compensable evaluation for left wrist laceration scar are pending.

The Board has granted a rating of 20 percent for the Veteran's service-connected right knee disability, effective from February 2003. The Veteran also received a separate 10 percent rating for his degenerative disc disease of the lumbar spine.

The Veteran withdrew his appeal before the Board could make a decision.

The Board has ordered a new VA examination to determine if the Veteran's current back disability is related to service. The case will be returned for further review after obtaining updated VA treatment records and any private treatment records.

The Board has remanded the case for additional development, including obtaining private treatment records and securing releases from the Veteran to obtain these records. The claims will be readjudicated after this information is obtained.

The Veteran's claims for service connection have been reopened, but the Board has determined that new and material evidence has not been received to reopen his diabetes mellitus, low back disorder, or gastroparesis claims. His Parkinson's disease, eye disorder, and hypertension claims are denied.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to assess the current nature and severity of his service-connected low back disability. Additionally, any treatment records from the Jackson VA CBOC dated from April 2012 to the present should be obtained.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no clear and unmistakable evidence of pre-existing condition and that any current disability is not related to military service.