Back / lumbar spine decisions — 2013

The Board found that the Veteran's low back disorder is not related to his military service and denied his claim for direct service connection. The secondary service connection issue will be remanded.

The Board denied the Veteran's claim for service connection for lumbar degenerative disc disease, finding that there was no evidence of a chronic disability in service or within one year thereafter. The Board also found that the current back pain is not related to his service-connected left knee disability.

The Board has determined that the Veteran does not have a current disability for any of the claimed conditions and finds no evidence to support an in-service incurrence or aggravation of these conditions. As such, service connection is denied.

The Board denied service connection for a low back disability and obstructive sleep apnea, finding that the Veteran's current conditions were not incurred or aggravated by active duty service.

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

The Veteran was employed as a security officer prior to October 6, 2005 and the evidence does not show he was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's claims for increased ratings and TDIU prior to the effective dates of the increases were denied. The Board found that the evidence did not meet the criteria for an initial rating in excess of 20 percent or 40 percent for her service-connected lumbar spine musculoligamentous strain, respectively.

The Board has determined that the Veteran is unemployable due to his service-connected disabilities, effective March 16, 2011.

The Board finds that the Veteran's low back disorder, diagnosed as lumbar degenerative joint disease and lumbar degenerative disc disease with facet arthropathy, causing mild spinal canal stenosis, was incurred in active service. The decision is granted.

The Veteran's cervical spine disability, prior to July 18, 2012, was manifested by limited range of motion without ankylosis or associated neurological disabilities. The claim for a higher evaluation is denied as the evidence does not support a rating in excess of 10 percent.

The Veteran's claim for an effective date prior to August 6, 2009 for the grant of TDIU is being remanded due to a need for further development and consideration.

The Board found that the Veteran's current low back disorder was not incurred in or aggravated by service and may not be presumed to have been incurred in service.

The Board has remanded the case for further evidentiary development, including obtaining relevant treatment records from Kaiser Medical. The Veteran's claim of entitlement to service connection for a lumbar spine disability is pending and will be reconsidered after this additional development.

The Veteran's low back strain has been rated at 20 percent since September 21, 2006. The disability does not meet the criteria for a higher rating as it does not result in ankylosis or limitation of motion to less than 30 degrees.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claim for service connection, including obtaining a more comprehensive medical opinion and reviewing all pertinent evidence.

The Veteran's appeal has been withdrawn by her representative prior to the Board issuing a decision.

The Veteran's cervical and lumbar spine disabilities are being remanded for additional development, including obtaining inpatient treatment records from the USAF Hospital in Yokota, Japan, and any outstanding post-service treatment records. The VA examiner will provide an opinion on whether these disabilities are related to service.

The Veteran's claims for service connection for various conditions, including PTSD, hypertension, a back disorder, leiomyosarcoma, and diabetes mellitus, were denied. The Board found no evidence of in-service injury or disease related to these conditions, nor any herbicide exposure that could relate the current disabilities to service.

The Veteran's claims are being remanded for additional development, including obtaining VA treatment records and arranging for a VA examination to assess the current severity of his service-connected PTSD and to determine whether any diagnosed cervical spine disorder is related to his military service.

The Veteran's initial ratings for his service-connected conditions have been denied, but he was granted a higher rating for flexor tenosynovitis of the right long finger with scar.