Back / lumbar spine decisions — 2013

The Board found that the preponderance of evidence is against the Veteran's claims for service connection for a lumbar spine disability, left knee disability, bilateral leg disability other than a knee disability, and bilateral shoulder disability.

The Board denied service connection for the Veteran's claimed right knee, right foot, and right ankle disorders, as well as a disorder of bilateral toes other than the right toe hallux valgus, and low back disorder. The Board found no credible evidence of chronic pathology of any joints or toes other than the right great toe for more than 20 years after service.

The Board finds that the Veteran's lumbar spine disorder is caused by his service-connected pes planus, and grants service connection for this condition as secondary to his service-connected pes planus.

The Veteran's lumbar spine disability is not shown to meet the criteria for a higher initial rating prior to August 15, 2005 and/or from that date. The current evaluation of 40 percent adequately reflects his disability.

The Board found no evidence linking the Veteran's current back disability to his service, and thus denied his claim for service connection.

The Board denied reopening of the Veteran's claims for service connection for hip and back disabilities, finding no new and material evidence to support these claims.

The Board has remanded the Veteran's claim for service connection for a low back disability due to inadequate examination and treatment records. The case is now pending further development.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims for service connection and TDIU. This includes obtaining her service treatment records, VA treatment records, and any relevant private medical records. The Veteran will also be scheduled for appropriate examinations to address the etiology of her current left shoulder and low back disorders.

The Veteran's lumbosacral spine disability has not been productive of unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least six weeks, and therefore, does not meet the criteria for an evaluation in excess of 40 percent.

The Veteran's lumbar spine disability is rated at 40 percent disabling since September 27, 2007. The Board finds that the criteria for a higher rating are not met and thus denies an increased rating. The Veteran's TDIU claim is granted.

The Veteran's service connection claims for residuals of torsion of the left testicular appendix and L5-S1 disc protrusion and bilateral foraminal stenosis have been granted. The Veteran continues to experience symptoms related to these conditions.

The Veteran's ventral hernia disability is rated at 40 percent effective August 15, 2007. The Veteran's PTSD with major depression is rated at 70 percent effective August 15, 2007.

The Veteran's cervical spine compression fracture and lumbar spine degenerative disc disease were not rated higher than 10 percent throughout the appeal period.

The Veteran's appeal includes multiple issues related to various disabilities, including hearing loss, elbow and knee conditions, spine disorders, foot problems, and a scar. The case is being remanded for further development.

The Board has found no current disability of the back and denied service connection for a low back disability. The Veteran's right ankle disability was not incurred in or aggravated by service, as there is no evidence of an injury during service. Service connection for bilateral shin pain was also denied due to lack of a diagnosed condition.

The Board found no evidence of a low back injury or condition during service and denied the Veteran's claim for service connection for degenerative disc disease of the lumbar spine.

The Board has remanded the case due to inadequate examination and incomplete medical records, requiring further development of the claim.

The Board has determined that the Veteran does not have a current radiculopathy of the left leg, and therefore service connection for this condition is denied. The remaining conditions (lumbar spine and hip degenerative joint disease) are also denied as they are not related to service.

The Veteran's claim for an increased rating for residuals of back injury with degenerative disc disease, lumbar spine at L4-S1 was denied as his disability did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the appellant's pre-existing low back disability was aggravated by his period of active service, and thus service connection is granted.