Back / lumbar spine decisions — 2013

The Veteran's claim of competency is being remanded for further development due to conflicting evidence on his mental capacity. A new VA examination will be conducted to reassess whether he is competent to handle his financial affairs.

The Board found no evidence to support the Veteran's claims for service connection of asthma, cervical spine disability, and back disability. The criteria for these conditions have not been met.

The Veteran's appeal is being remanded for a video conference hearing before the Board of Veterans' Appeals.

The Board denied the Veteran's claims for service connection for a back disability and bilateral hip disability, finding no new and material evidence to reopen the claim for a back disability and concluding that the bilateral hip disability is not related to any service-connected condition.

The Board granted a higher initial rating of 20 percent for the Veteran's degenerative disc disease, lumbar spine, effective November 17, 2008.

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative joint disease of the lumbar spine, is related to an in-service injury and granted service connection for this condition.

The Veteran's claims for increased ratings for neuropathy and degenerative disc disease of the thoracolumbar spine were denied. The Board found that the current 10 percent rating adequately reflects the severity of these conditions.

The Veteran's claim for an increased rating for his service-connected back disability was denied. The current evaluation of 40 percent disabling is maintained.

The Board denied the Veteran's claims for service connection for a chronic low back disability and a chronic prostate disorder, finding that there was no evidence of in-service injury or disease related to these conditions. The examiner opined that it is less likely than not that the current disabilities are linked to his military service.

The case is being remanded for further development, including obtaining additional VA treatment records and scheduling a VA examination to assess the severity of the Veteran's lumbar spine disability.

The Veteran's claim of entitlement to service connection for carpal tunnel syndrome of the left hand has been reopened and granted. The Board finds that there is sufficient evidence to establish a current disability, as indicated by medical records showing carpal tunnel syndrome. The Board also found that the Veteran's current condition is related to his period of service.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to assess the severity of his service-connected low back disability and left lower extremity radiculopathy. Additionally, a TDIU evaluation must be addressed in connection with this appeal.

The appeal has been withdrawn by the appellant, and thus is dismissed.

The Veteran's lumbar spine disability is not shown to meet the criteria for a higher rating, as it does not result in limitation of motion or neurological symptoms.

The Board has ordered a remand for further development due to the lack of substantial compliance with prior remands. The Veteran's claim for service connection for his back disability is being reviewed.

The Board denied the Veteran's request for an extension of a temporary total rating beyond November 31, 2007 for his right knee disability.

The Veteran's claim for an increased disability rating for his service-connected degenerative disc disease L4-L5 was denied. The current evaluation of 40 percent is maintained.

The Board has remanded the Veteran's claim for a lumbar spine disability due to insufficient evidence in the current record regarding whether his current condition is related to service. The case will be returned to the RO for further development.

The Board has remanded the case due to less than full compliance with the terms of its June 2010 remand order, including failure to obtain a VA examination and provide the Veteran with additional medical records. The Veteran's claim for service connection for a low back disability is now pending again.

The Board has remanded the Veteran's claims for entitlement to an initial rating greater than 20 percent for degenerative disc disease of the lumbar spine and for service connection for a bilateral foot disorder due to inadequate examinations in prior decisions. The Veteran needs to be provided with new VA examinations addressing all relevant symptoms and etiology.