Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's current back conditions are not related to his military service and thus denied his claim for service connection.

The Board is remanding the case for further development to obtain VA outpatient clinical records and to consider whether new evidence has been received to reopen the claim of service connection for a lumbar spine disorder.

The VA examiner found no evidence linking the Veteran's current lumbar spine disorder to his service, including a 1952 injury. The examiner concluded that the disorder is more likely due to natural aging processes rather than any in-service trauma.

The Board has reopened the Veteran's claims for service connection for a right knee disorder and folliculitis, as well as his claim of service connection for PTSD. The Veteran is also granted an increased rating for his left knee disorder and a compensable rating for bilateral pes planus.

The Veteran's bilateral hip, knee, and left ankle disabilities were not found to be related to his service-connected cervical spine and thoracic spine disability.

The Veteran's claim for service connection for bilateral hearing loss has been denied as there is no evidence of a current disability within the meaning of VA regulations.

The Veteran's claim for an increased evaluation of his service-connected traumatic arthritis and degenerative disc disease L4-5 was granted. His claim for service connection for a left knee condition remains denied.

The Veteran's appeal is being remanded to the RO for additional development, including new VA examinations and consideration of his service connection claims.

The Board has remanded both issues for further development due to insufficient evidence on the applicable theories of service connection.

The Board finds that the Veteran does not have a current disability of frostbite or its residuals, blurry vision, recurrent heat stroke, drooling, whole body muscle pain and tightness, hyperglycemia, back disability, bronchitis, or vertigo. The preponderance of evidence is against these claims.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and conducting further development of the claims.

The Veteran's appeal is being remanded for additional development, including a VA examination to address his claims of service connection for bilateral leg disabilities and a back disability. The issues include the claimed right and left legs as well as a back disorder.

The Veteran's claim for TDIU prior to July 3, 2007 is being remanded due to the need for additional development and consideration of extraschedular TDIU under 38 C.F.R. § 4.16(b).

The Board finds that the Veteran is not entitled to a disability rating in excess of 10 percent for low back strain due to lack of evidence showing limitation of motion or muscle spasm severe enough to result in an abnormal gait or spinal contour.

The Board has determined that the Veteran's current low back disability is not related to his service-connected residuals of frostbite of the bilateral feet.

The Board denied service connection for the Veteran's respiratory and low back disabilities, finding that they were not related to his service or exposure to herbicides.

The Board found that the appellant's service-connected low back disability did not meet or approximate the criteria for a higher rating, as it did not show unfavorable ankylosis of the entire thoracolumbar spine or separately ratable neurological symptoms or incapacitating episodes.

The Board found that the Veteran's current cervical spine disability, including degenerative disc disease and degenerative joint disease with headaches, is not related to his service. The VA examiner opined that the condition was more likely due to age-related changes rather than an in-service injury.

The Board has determined that the Veteran's service-connected low back disability warrants a rating of 40 percent from February 2, 2005, and higher ratings are not warranted for any other period.

The Board found that the Veteran's current back disability is not related to his active service and denied the claim for service connection.