Back / lumbar spine decisions — 2013

The Board found that there is no evidence to support a relationship between the Veteran's current respiratory and back conditions and his military service, thus denying both claims.

The Board has remanded the case for additional development due to an inaccuracy in the August 2011 VA medical examination report. The Veteran's current back condition is being evaluated again with consideration of all service records, including two occasions during service when he complained of back pain.

The Veteran's claim for a higher rating for thoracolumbar strain is being remanded due to the need for additional VA examinations and development of records.

The Veteran's appeals for an effective date earlier than July 11, 2005 for the award of service connection for plantar warts on both feet and for initial compensable ratings for plantar warts on both feet have been withdrawn.,The Veteran's appeals for an initial rating higher than 10 percent for residuals of patella replacement of the right knee with instability, a rating higher than 30 percent from August 1, 2007 for chondromalacia patella of the right knee, status post patella replacement, and an initial rating higher than 10 percent for disc protrusion L4-L5 with lumbar sacral junction disturbance have been withdrawn.,The Veteran's appeal for an initial rating higher than 10 percent for chondromalacia patella of the left knee has also been withdrawn.

The Veteran's service-connected bilateral knee disabilities and low back disability render him unable to secure or follow substantially gainful employment due solely to these conditions.

The Board has determined that the Veteran's thoracolumbar spine disability, diagnosed as lumbosacral strain, thoracolumbar strain, and minimal scoliosis, is related to service. The claim for service connection is granted.

The Board has remanded the claims of service connection for a back disability, neck disability, right shoulder disability, and hypertension due to inadequate VA examination records. The Veteran's file will be reviewed by a VA examiner who conducted previous examinations.

The Board has ordered a remand due to the need for an addendum VA examination and additional VA treatment records. The case will be reconsidered after these are obtained.

The Board denied the Veteran's claims for service connection for PTSD, compression fractures of the low and middle back, degenerative disc disease, and a right leg disability secondary to his lower and middle back disabilities. The reasons were not provided in detail.

The Veteran's service-connected low back disability was increased to a 20 percent rating effective December 18, 2012. Prior to this date, the disability had been rated at 10 percent.

The Board has determined that the Veteran's current degenerative disc disease of the lumbar spine is at least as likely as not caused by his service, specifically an injury sustained during a fixed-wing plane crash in 1967.

The Veteran's service-connected disabilities render him unable to obtain and retain substantially gainful employment, warranting a TDIU.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Veteran's appeal is being remanded to the RO for a Travel Board hearing due to his incarceration.

The Veteran's appeals have been dismissed as he has withdrawn his claims for service connection and increased evaluations.

The Veteran's claim for nonservice-connected pension is being remanded due to the need for further development and consideration of whether he meets the unemployability criteria under 38 C.F.R. § 4.17(b).

The Veteran's appeal is being remanded to obtain updated VA examinations and outstanding medical records, as well as provide proper notice regarding his service connection claim for a low back disorder. The claims will be readjudicated after all development has been completed.

The Board found that the Veteran did not file a timely Notice of Disagreement (NOD) to the December 2008 rating decision, which denied his claims for service connection for various conditions. As such, the appeal was denied.

The Veteran's traumatic arthritis of the thoracolumbar spine was rated at 20 percent since January 5, 2011. This rating is in line with his current disability level.

The Board found that the Veteran's lumbar spine disability did not have its clinical onset in service and is not otherwise related to active duty. Arthritis of the lumbar spine was not exhibited within the first post-service year, and the current lumbar spine disability is not due to or the result of service-connected right knee disability.