Back / lumbar spine decisions — 2013

The Board found no evidence of a chronic low back disability during service and concluded that the current condition is not related to service. The claim for service connection was denied.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and conducting further examinations to address the Veteran's claims for service connection.

The Veteran withdrew his appeal regarding the issue of higher initial ratings for a low back disability.

The Veteran's lumbar strain disability has been rated at 10 percent since September 2009. The August 2012 VA examination found forward flexion to be less than 60 degrees, but not less than 30 degrees, and no ankylosis or incapacitating episodes.

The Board denied the Veteran's claim of service connection for a cervical/lumbar spine disability, finding that there was no evidence showing such condition was incurred or aggravated by military service.

The Board finds that the Veteran's diagnosed lumbar spondylosis and degenerative disc disease are not etiologically related to service. The claim for service connection is denied.

The Board found that the Veteran's low back disability was not manifested during service or for many years after service, and is not otherwise related to service.

The Veteran's degenerative disc disease of the lumbar spine was granted a 40% disability rating, effective June 18, 2009. The bilateral pes planus with plantar fasciitis was granted a 30% disability rating.

The Board has determined that the Veteran's lumbar and cervical spine disorders, as well as his tinnitus, are at least as likely as not related to his active service. Service connection is granted for these conditions.

The Board has reopened the claim for service connection for PTSD and granted it. The status of the claims for an acquired psychiatric disability to include PTSD and degenerative disc disease, also characterized as low back disability, is unknown due to lack of evidence.

The Veteran's claims for increased ratings for his service-connected lumbar spine degenerative disc disease, irritant induced dermatitis of the upper eyelids, and allergic rhinitis are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing at the Oakland, California location.

The Veteran's claims for a higher disability rating and TDIU are being remanded due to the need for additional development.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by service, and is not otherwise a result of active military service or a service-connected disability.

The RO properly calculated the combined schedular disability rating for the Veteran's service-connected disabilities following increases in ratings for individual disabilities by a December 2010 rating decision, and he is not entitled to a higher combined rating.

The Board has determined that the Veteran's lumbar spine disorder, sleep apnea, silicosis, and residuals of head trauma are not related to service. The preponderance of evidence is against these claims.

The Board has remanded the case for additional development, including scheduling a VA spine examination and an addendum to the January 2010 VA examination report regarding sinusitis. The Veteran's increased rating claims for back disability and right maxillary and frontal sinusitis will be reconsidered after this additional development.

The Board has determined that the Veteran's current back disorder is related to an injury sustained during active service, and grants service connection for this condition.

The Veteran's spine disability, thoracolumbar myositis and lumbosacral disc disease with a bulging disc at L5-S1, is not productive of unfavorable ankylosis or incapacitating episodes having a total duration of six weeks or more during any one-year period. Radiculopathy has not been clinically established; electronic testing has been negative.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and providing the Veteran with a new examination to assess his employability due to service-connected disabilities. The claim will also be referred to the Director of Compensation and Pension Services for consideration of an extraschedular TDIU rating.