Back / lumbar spine decisions — 2013

The Veteran's appeal includes issues regarding service connection for a back disability secondary to his knee disabilities, as well as increased ratings for his left and right knee conditions. The case is being remanded due to the need for additional examinations.

The Board has determined that the Veteran does not have a low back disorder, neck disorder, or TBI residuals that began in service and are related to such service.,As such, the claims for service connection for these conditions have been denied.

The Board has remanded the claims for further development due to incomplete records and need for a more valid opinion regarding the Veteran's spinal conditions.

The Veteran's claim for TDIU was denied as he failed to appear at the scheduled VA examination and did not provide good cause for his absence.

The VA determined that the Veteran's current lumbar spine condition is not related to his military service and denied his claim for service connection.

The Board has remanded the Veteran's claims for further development and adjudication due to a lack of medical evidence. The case is now pending again.

The Board has determined that the Veteran's low back disability, diagnosed as degenerative disc disease and lumbar disc disease with radiculopathy, is at least as likely as not incurred in service due to a combat injury. The condition was observed during service and continuity of symptomatology was demonstrated thereafter.

The Board has granted service connection for Crohn's disease and found that the Veteran's current symptoms of Crohn's disease had their onset during service and were continuous from separation from service. The Veteran's Crohn's disease is etiologically related to service.

The Veteran's appeal is being remanded to obtain additional VA treatment records and SSA SSI records, as well as inpatient or 'clinical' service treatment records from Ireland Army Community Hospital. The case will be readjudicated after these records are obtained.

The Veteran's service-connected disabilities, including sleep apnea and cardiomyopathy, did not render him unable to obtain or maintain substantially gainful employment from October 3, 2007 to September 30, 2010.

The Veteran's lumbosacral spine disability is currently rated at 40 percent, effective June 6, 2008. The claim for a higher rating remains denied.

The Veteran's increased rating claims for left knee patellofemoral syndrome, right knee patellofemoral syndrome, and lumbar strain have been denied as her disability does not meet the criteria for a higher rating under the applicable diagnostic codes.

The RO reduced the evaluation assigned to the Veteran's lumbar disc degeneration, status post laminectomy, L5, and discectomy, L5-S1, with right lower extremity radiculopathy from 40 percent to 10 percent without observing applicable law and regulations. The decision is void ab initio.

The Veteran's appeal is remanded due to the need for additional examinations and development of records. The primary issues are a higher initial rating for his back disability and service connection for hypertension.

The Veteran's claim for an increase in the disability rating for degenerative arthritis of the lumbar spine is pending. The claim for extension of a temporary total disability rating beyond January 2011 due to convalescence following lumbar spine surgery in August 2010 is also pending and requires additional development.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records, as well as scheduling the Veteran for a VA examination to assess her service-connected right hip disability and psychiatric condition.

The Board has granted service connection for tinnitus, but the Veteran's remaining claims of service connection for right ankle disorder, left knee disorder, bilateral shoulder disorder, cervical spine disorder, and back disorder are remanded for further development.

The Board denied the Veteran's claims to reopen his service connection for cervical and lumbar spine conditions, as well as PTSD. The evidence received since previous decisions did not meet the criteria for reopening these claims.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and conducting new examinations. The case will be readjudicated after the development.

The Veteran's claims for service connection for lumbar spine degenerative changes, blurred vision, and sleep disturbances have been withdrawn. The claims of service connection for hearing loss and tinnitus are granted.