Back / lumbar spine decisions — 2013

The Board found that the Veteran's lumbar spine and right hip disorders are not related to his service-connected residuals of bilateral hammertoe surgery, and thus denied both claims.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, effective from the date of this decision.

The Board has remanded the case for further development and clarification of opinions regarding the Veteran's back disability, including whether it is related to service or aggravated by his bilateral foot disability.

The Board has ordered a new VA examination to determine the etiology and onset date of the appellant's claimed low back disorders, including spondylosis of the lumbar spine; sacroiliitis; grade 1 anterolisthesis of L4 most likely degenerative in nature; osteophytes diffusely throughout the lumbar region with mild disc space narrowing at L4-L5; and sclerosis of the sacroiliac joints. The appellant's service connection claim will be remanded for further development.

The Board has remanded the Veteran's claim due to an incomplete record from his treatment at Tripler Army Medical Center. The case will be returned for further development.

The Board found that the Veteran's current low back disorder did not have its onset in service and is not otherwise related to service, thus denying his claim for service connection.

The Board has determined that the Veteran's low back disability, characterized by pain in the thoracolumbar spine with lower dorsal kyphosis and lumbar lordosis, was incurred during service. Service connection is granted.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the current severity of his service-connected disabilities and obtain outstanding VA medical records.

The Veteran's claims for bilateral hearing loss, tinnitus, and a back disability are being remanded due to the need for additional development including obtaining private treatment records and providing VA examinations.

The Board has decided to remand the case for additional development, including obtaining medical records and providing a VA examination.

The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing or special home adaptations.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a low back disability. The reopened claim is granted, as the Veteran's current low back disability is related to his active service.

The Veteran's appeal is being remanded to the RO for a new hearing before a Veterans Law Judge at the St. Petersburg, Florida RO.

The Board denied service connection for a lumbosacral spine disability and erectile dysfunction, and continued the current ratings for headaches (10%) and prostatitis (20%). The Veteran's claims for increased ratings were also denied.

The Veteran's claim for an increased rating for his low back disability was denied, and the Board found that he did not meet the criteria for a higher rating under the applicable diagnostic codes. The issue of entitlement to TDIU due to service-connected disabilities is remanded for further development.

The Veteran's claim for increased ratings and service connection for headaches, radiculopathy, neuropathy, right knee disability, bilateral ankle and hip disabilities, arthritis (bilateral toes), skin disability, left knee patellofemoral syndrome, and headaches was granted. The Veteran is currently rated 30% for his service-connected headaches.

The Veteran's low back, right shoulder, bilateral hip, and left foot disabilities are being remanded for further examination and opinion to determine if they are secondary to his service-connected right knee disability.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment at the time of his death, thus denying entitlement to TDIU for accrued benefits purposes.

The Veteran's appeal is being remanded due to scheduling issues for a Board hearing before a Veterans Law Judge at the RO.

The Veteran's appeal of the initial ratings for PTSD and degenerative disc disease of the thoracolumbar spine has been dismissed due to his withdrawal of the appeal.