Back / lumbar spine decisions — 2013

The Veteran's service-connected post thoracolumbar strain with degenerative arthritis was found to not warrant a rating in excess of 10 percent prior to November 8, 2007 and 20 percent from that date. The claim for TDIU was denied.

The September 2006 rating decision reducing the Veteran's disability rating for lumbosacral strain with degenerative changes to 10 percent was proper in light of the clear and unmistakable error (CUE) in the July 2004 rating decision, which applied outdated criteria. The appropriate procedural steps were followed.

The Veteran's service-connected postoperative lumbar spine degenerative disc disease is shown to be productive of a disability picture that more nearly approximates that of incapacitating episodes having a total duration of at least 6 weeks during the past year, warranting a rating of 60 percent.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for diabetes mellitus, and there was no evidence of secondary hypertension or arthritis/neck/back conditions to his service-connected diabetes.

The Board has determined that the Veteran's low back disability, diagnosed as herniated disc disease, degenerative disc disease, facet arthritis and spinal lumbar stenosis, is not due to a disease or injury incurred in service. The claim for service connection is denied.

The Board has granted service connection for bilateral tinnitus and ulcers, finding that the Veteran's conditions are at least as likely as not related to his active service. Service connection was also granted for low back disability, but with a negative opinion regarding its onset in service.

The Veteran is seeking service connection for low back disability, bilateral CTS, and bilateral heel spurs. The case has been remanded due to incomplete records from the King Khalid Military City in Saudi Arabia and missing VA treatment records.

The Board has determined that the Veteran does not have PTSD and his other diagnosed psychiatric disabilities are not shown to be etiologically related to service. The claims for right knee disability, bilateral carpal tunnel syndrome, hypertension, and bilateral leg cramps were withdrawn by the Veteran during a hearing before the Board. Service connection is denied for an acquired psychiatric disorder (including PTSD, depression, and a mood disorder), right lower extremity disability, left lower extremity disability, low back disability, right knee disability, bilateral carpal tunnel syndrome, hypertension, and bilateral leg cramps.

The Board has denied the Veteran's claims of service connection for an acquired psychiatric disorder, a right ankle disorder, a bilateral foot disorder, and a back disorder as secondary to his service-connected left knee disability. The evidence did not support these claims.

The Veteran's claims are being remanded for further development to determine the etiology and service connection status of his claimed disabilities, including whether they are related to pre-existing conditions or incurred during service.

The Board has granted service connection for bilateral hearing loss, tinnitus, and degenerative disc disease of the lumbar spine. The Veteran's low back disability is considered to be due to normal aging and genetic predisposition rather than in-service injury.

The Board has determined that the Veteran's current low back disability is not related to his military service, and thus denied his claim for service connection.

The Veteran's cervical spine osteoarthritis with degenerative disc disease is found to be etiologically related to his active service, and he is granted service connection for this condition.

The Veteran's service connection claim for a back disorder was denied as there is no evidence of an in-service injury or disease, and the weight of the evidence does not support continuity of symptoms since service separation.,An initial compensable evaluation for residuals of partial amputation of the right middle finger was granted.

The Veteran's claim for TDIU is being remanded due to the need for further development, including obtaining private and VA treatment records, and a VA examination.

The Board has determined that the Veteran's degenerative arthritis of the lumbosacral spine is related to complaints of low back pain in service and grants service connection for this condition.

The Veteran's claim for an increased rating for his degenerative disc disease with degenerative joint disease of the lumbar spine was denied. The Board found that there was no new and material evidence to reopen other service connection claims, and the case was remanded for additional development including a VA examination.

The Veteran's claims for increased disability ratings for his service-connected knee and low back disabilities were denied by the Board. The appeals are not granted.

The Board found that the current low back disability, degenerative disc disease of the lumbar spine, was not shown to have had onset during service and is unrelated to an injury or event in service. Therefore, service connection for this condition cannot be established.

The Veteran's appeal is being remanded due to his failure to appear at a scheduled hearing. His request for a new videoconference hearing has been granted.