Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's low back disability was not incurred or aggravated by active service and is not related to his military service. The claim for service connection is denied.

The Board found that the Veteran's low back disability did not manifest during service or ACDUTRA, and is unrelated to his service. The claim for service connection was denied.

The Board denied a rating in excess of 40 percent for lumbar degenerative disc disease, finding that the appellant's disability did not meet criteria for ankylosis or unfavorable ankylosis. The maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine is 40 percent.

The Board denied the Veteran's claims of service connection for left leg pain, right leg pain, and low back disorder. The examiner found that any current left or right leg disorders did not pre-exist service and were not incurred in or aggravated by service.

The Veteran's claims for service connection were denied as the evidence did not establish that his current left knee and low back disabilities are related to active military service. The Board found no new and material evidence to reopen the claim for a left knee disability, and concluded that the Veteran's current conditions are not caused or aggravated by any service-connected condition.

The Board has reopened the Veteran's claims for service connection for low back disability and degenerative disc disease of the cervical spine, finding new and material evidence. The claims are now pending before the RO for further evaluation.

The Board has remanded the case for additional development, including obtaining medical records from SSA and scheduling a VA examination to determine if the Veteran's current left knee disability was incurred or aggravated in service. The back issue is also being addressed.

The Veteran's appeal for service connection on the issues of right shoulder, right knee, left knee, bilateral eye disorder, right ear hearing loss, and sinusitis has been withdrawn.

The Veteran's diabetes mellitus, type II is granted as presumed due to herbicide exposure during service. Other claims are denied.

The Veteran withdrew his appeals for the issues of entitlement to a rating in excess of 50 percent for PTSD, and service connection claims for a right shoulder disability, a lumbar spine disability, a cervical spine disability, and tinnitus.

The Veteran's appeal is being remanded due to the passage of time since her last VA examinations and for additional development, including a new examination for both scoliosis and depressive disorder.

The Veteran's claim for service connection for a back disability is being remanded due to the need for additional development of his claims file, including obtaining VA treatment records and personnel records. The Veteran may have sustained an in-service injury that could be evaluated by a VA examiner.

The Veteran's service-connected lumbar strain is currently rated at 10 percent, and the Board finds that an evaluation in excess of 10 percent is not warranted.

The Board has determined that additional development is needed to determine the nature and etiology of the appellant's lumbar spine disability, including whether it was incurred in or aggravated by service. The case will be remanded for this purpose.

The Board finds that the Veteran's current low back disability is not related to his active duty service. The evidence does not support a finding of in-service injury or disease, and there is no medical opinion linking the current condition to service.

The Board has decided to remand the case due to the need for additional development, including obtaining SSA records and VA treatment records.

The Veteran's combined disability rating is currently 40 percent, effective from February 2, 2006. The Board finds no error in the calculation and denies the claim for a higher combined rating.

The Veteran's service-connected right ankle tendonitis is rated at 20 percent, the maximum schedular rating available. The claim for a higher initial rating has been granted.

The Board found that the Veteran's left hip and low back disorders are not service-connected as they are not causally or etiologically related to his active service, or a finding that these conditions are proximately due to or the result of his service-connected right or left knee disabilities.

The Board has remanded the case for further development due to incomplete service records and missing VA treatment records.