Back / lumbar spine decisions — 2013

The Board denied the Veteran's claims for service connection for a lumbar spine disorder and hiatal hernia, finding that his current conditions are not related to his military service.

The Veteran's claim for an increased rating for his service-connected DDD of the thoracolumbar spine was denied, and he is not entitled to a TDIU based on his service-connected disability.

The Board has determined that the Veteran's claimed neck, back, and right leg disabilities are not service-connected as they did not manifest during active duty or within a presumptive period.

The Board has requested clarification on the Veteran's request for a hearing and will schedule a video conference hearing at the RO, with an option for a three-way conference if possible.

The Board has denied the Veteran's claims for service connection for a right knee disorder and an upper respiratory disorder, as well as his initial rating for GERD and increased rating for low back disability. The claim for TDIU is addressed in the REMAND portion of this decision.

The Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for left shoulder disability were denied due to lack of additional disability or death resulting from VA care, treatment, or examination.

Service connection for bilateral knee disability and low back disability has been denied as the disabilities did not have their onset in service or are not caused by service-connected conditions.,A compensable rating for left leg shortening is not warranted due to the degree of limitation of ankle motion.

The Board has determined that the Veteran's claims for tinnitus, low back pain, and a nasal disorder are not supported by competent evidence linking these conditions to his active service.

The Veteran's service connection claims for hypertension, residuals of fracture of the left great toe, bilateral hearing loss, right shoulder strain, and lumbar spine strain have been granted. The initial ratings assigned are noncompensable.

The Veteran's service-connected disabilities, including cold injury residuals and low back disability, do not prevent him from securing or following a substantially gainful occupation.

The Veteran's appeal is being remanded for a videoconference hearing before a Veterans Law Judge.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his traumatic brain injury, back disability, and migraine headaches.

The Veteran's service-connected lumbosacral spine and lower extremity disabilities have been rated at the maximum available rating of 20 percent. The Board finds that there is no evidence to support a higher rating for any of these conditions.

The Board found that the reduction of the Veteran's service-connected back disability from 40% to 20% was proper, as the evidence showed improvement and did not meet criteria for more than a 20% disability evaluation.

The Board has determined that additional VA examinations are necessary to assess the Veteran's low back disability and right and left knee disabilities, as well as obtain all relevant VA treatment records. The appeal will be remanded for these actions.

The Veteran's unauthorized medical expenses incurred at private facilities were denied as the treatment was not related to a service-connected disability and did not meet the criteria for emergency treatment.

The Veteran's lumbar spine disorder is currently rated at 20 percent, the maximum schedular rating available for this condition. The claim for service connection of a neurological disorder secondary to his lumbar spine disorder remains pending.

The Veteran's appeal is being remanded for further development and consideration of his claims regarding service connection for a back disorder and residuals of lymphogranuloma venereum (LGV).

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the impact of his right hand disability on employment and clarifying the extent of his service-connected disabilities.

The Board has determined that additional development is needed to obtain medical records and provide the Veteran with appropriate examinations regarding his claimed bilateral ankle disorder, low back disorder, and left hand/wrist disorder. The case will be returned to the RO for further action.