Back / lumbar spine decisions — 2013

The Veteran's lumbosacral myositis was initially rated at 30 percent from July 19, 2004 to August 12, 2009. The RO used the criteria for lumbosacral strain under Diagnostic Code 5237.

The Veteran's claims for service connection for residuals of a head injury, a back disability, and glaucoma have been denied as there is no credible evidence to support the assertions that these conditions were incurred or aggravated during active military service.

The Board has found that the Veteran's depression is secondary to his service-connected lumbar spine disability and granted service connection for this condition. The rating for the lumbar spine disability was increased to 60 percent.

The Board denied the Veteran's claims for increased evaluations for his service-connected lumbar spine disability, finding that the evidence did not meet the criteria for a rating in excess of 20 percent.

The Veteran's appeals for service connection for various disabilities and to reopen a claim for his bilateral eye disorder have been withdrawn. The Board finds that the Veteran is permanently and totally disabled for VA pension purposes based on his SSI disability determination.

The Veteran's appeal is being remanded to the RO for additional development of his claims, including obtaining medical records and arranging for examinations to determine the nature and etiology of his claimed disabilities.

The Board finds that the Veteran's back disability, manifested by compression fractures at T12, T11, and T10, was incurred in service due to a fall during combat. The compression fractures are related to the back injury sustained in service.

The Board has reopened the service connection claim for a low back disorder and granted service connection. The Veteran's low back disorder is found to be related to her military service.

The Veteran requested a withdrawal of the appeals for service connection for sleep apnea syndrome and for depression during his September 2012 videoconference Board hearing. As a result, those claims are dismissed.

The Veteran's claim for SMC by reason of the need for regular aid and attendance of another person is denied as his condition does not meet the criteria established in 38 C.F.R. § 3.352(a).

The Board has determined that a remand is necessary to obtain updated VA treatment records, arrange for the Veteran to undergo a VA spine examination, and ensure all due process requirements are met.

The Veteran's claim for an increased evaluation for residuals of low back strain is being remanded due to the need for a new VA examination and consideration of outstanding medical records.

The Board found that the Veteran's low back and right hip disabilities were not incurred or aggravated by service, and may not be presumed to have been incurred in service. The claims for these conditions are therefore denied.

The Veteran's request to withdraw his claim for service connection for diabetes mellitus has been granted.,New and material evidence has been received to reopen the claims for service connection for bilateral hearing loss and a back disability. These conditions are found to have had their onset during active service.

The Board found no credible evidence of a low back disability during service and denied the claim for service connection.

The Veteran's service-connected disabilities, both individually and as a whole, render him unable to secure or follow a substantially gainful occupation. The case is REMANDED for further development.

The Board has reopened the Veteran's claim of service connection for a low back disability and remanded to obtain additional evidence. The leg cramps issue is also being remanded.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing. The issues of entitlement to service connection for lower back injury and hair loss due to Gulf War Syndrome are pending.

The Board has remanded the case due to incomplete records and the need for additional examinations. The Veteran's claims of service connection for lumbar spine and left leg disabilities are pending.

The Board has granted service connection for lumbar spine degenerative disc disease with spondylosis and hepatitis C, finding that these conditions are related to service.