Back / lumbar spine decisions — 2013

The Board has remanded the case due to incomplete records and the need for a VA examination.

The Veteran's claim for increased ratings for his lumbar spine disability is being remanded due to the need for a new VA examination and additional medical records.

The Veteran's appeal is being remanded to the RO in San Diego for a videoconference hearing. The issues of entitlement to an initial compensable rating and service connection are pending.

The Board has remanded the Veteran's claims for additional development due to failure to report for VA examinations and to ensure proper notification of examination scheduling.

The Board has determined that the Veteran's lumbar spine disability and pulmonary nodules are at least as likely as not related to his military service, including periods of active duty and National Guard service. The claims for service connection have been granted.

The Board has determined that the Veteran's death was caused by his service-connected disabilities, specifically degenerative joint disease of the cervical and lumbar spine, which contributed to his suicide. The Board finds in favor of granting service connection for cause of death.

The Veteran's service-connected lumbar spine and left knee disabilities were granted initial ratings of 10 percent each, effective March 3, 2008.

The Board has remanded the case due to incomplete records and need for further examination. The Veteran's claims of service connection for a back disability and dysthymic disorder with alcohol dependence are pending.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU since March 28, 2006 and his unemployability is due to the severity of these conditions.

The Board has determined that the Veteran's back disability did not manifest during service and is not related to his active duty. As a result, the claim for service connection for a back disability is denied.

The Board found that the Veteran's diagnosed low back disorder did not meet the criteria for service connection as there was no evidence of chronic symptoms during active duty service, and the Veteran's statements regarding the onset of his condition were inconsistent.

The Board has determined that there is no neurological impairment associated with the right wrist fracture residuals and no compensable bowel impairment associated with the service-connected degenerative disc disease of the lumbar spine.

The Board denied the Veteran's claims for service connection for a low back disability, entitlement to increased evaluations for costochondritis and gastritis. The Board found no evidence of a current low back disability or chronic gastritis prior to July 22, 2011, and concluded that any current disabilities were not related to service.

The Board has determined that the Veteran's current low back disorder had its onset during his active service and grants service connection for this condition.

The Veteran's service-connected disabilities result in the need for aid and attendance, which is sufficient to meet the criteria for SMC at the O rate.

The Board has determined that the Veteran's current right knee and back disabilities were not incurred during service or due to a service-connected condition, and thus denied his claims for service connection.

The Board has decided to remand the Veteran's claims for further development due to the need for additional examinations and medical opinions regarding his thoracolumbar spine disability and cervical spine disability.

The Board has determined that additional development is needed to obtain service treatment records and VA treatment records, as well as to schedule the Veteran for examinations. The claims will be remanded for these actions.

The Board has determined that the Veteran's hypertension and lumbosacral spine disorder were not incurred or aggravated during active duty service, and thus denied these claims.

The Veteran's claim for a TDIU is being remanded due to the need for extra-schedular consideration. The case will be referred to the Under Secretary for Benefits or Director of Compensation and Pension Service.