Back / lumbar spine decisions — 2013

The Veteran's claim for an annual clothing allowance is being remanded due to the need for additional development, including obtaining outstanding VA treatment records and certification from the Undersecretary of Health regarding her use of a qualifying prosthetic or orthopedic appliance.

The Veteran's death was not caused by his service-connected disabilities, as the cause of death (cardio-pulmonary arrest and diabetes) were not present in service or within one year after discharge. The preponderance of evidence is against a finding that these conditions are related to service.

The Veteran's claim for a higher rating for lumbosacral strain from June 18, 2005 was denied. The Veteran also had a separate compensable rating for neurological complications associated with his lumbosacral strain and the issue of entitlement to TDIU remains pending.

The Veteran is found unable to secure or maintain substantially gainful employment due to his service-connected disabilities, and the Board grants a TDIU.

The Veteran's lumbosacral degenerative disc disease was rated at 10 percent from August 1, 2005 to June 24, 2010 and increased to 20 percent thereafter.

The Board found no medical evidence linking the Veteran's current low back disorder to his service, concluding that it is more likely due to post-service events and not related to a 1970 injury during service.

The Veteran's appeal is being remanded for further development, including determining the appropriate diagnostic codes for his fibromyalgia manifestations and considering if combining separate ratings would provide a higher evaluation than the current 40 percent rating.

The Board has found that the Veteran's degenerative changes of the thoracolumbar spine were incurred in service and granted service connection for this condition. The issues regarding secondary service connection for right and left knee disabilities are addressed in the REMAND portion.

The Veteran's low back disability is currently rated at 20 percent, and the claims for increased ratings are denied as his symptoms do not warrant a higher rating under the applicable criteria.

The Board has remanded the case for an additional VA examination to determine if any current lumbar spine disability was caused or aggravated by a documented injury during service, specifically June 1995 ACDUTRA injury. The Veteran's claim remains on appeal as it is unclear whether service connection should be granted.

The Veteran's claims for service connection for degenerative joint disease of the lumbar spine and hypertension, as secondary to his service-connected low back disability, are dismissed due to mootness. The claim for service connection for uveitis is remanded.

The Veteran's claim for service connection for a back disability has been reopened. The claim for service connection for a stomach disorder remains denied.

The Veteran seeks service connection for residuals of a cerebral hemorrhage, low back disorder and fractured pelvis. The Board has determined that additional development is needed to determine the etiology of these conditions.

The Veteran's appeal is remanded due to the need for additional development, including obtaining Social Security Administration records and private treatment records. A VA examination is also needed to determine the nature and etiology of his claimed back, neck, shoulder, and headache disabilities, as well as an initial rating in excess of 50 percent for PTSD.

The Board is remanding the claims for service connection due to incomplete information regarding the Veteran's periods of active duty and inactive duty training, as well as potential SSA records that may be relevant. The VA will obtain these records and schedule a VA examination to determine the nature and etiology of the low back disorder.

The Veteran's lumbosacral strain and associated left-sided nerve involvement have been rated at 10 percent since July 2008. The VA examiner found that the Veteran’s range of motion exceeded the criteria for a higher rating under the General Rating Formula.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records. The case will be reviewed to determine if service connection can be granted for his right knee disorder and lumbar spine disorder.

The Veteran's claim for a higher rating for her service-connected DJD L4-L5 vertebrae with lumbar strain was granted, but the reduction from 60 percent to 20 percent was found to be improper due to CUE. The case is remanded for further action.

The Veteran's claim for an increased disability rating in excess of 50 percent for his service-connected degenerative disc disease of the lumbar spine and residuals fracture of T6-7 with deformity was denied as he failed to appear at a scheduled VA examination.

The Board has reopened the Veteran's claims for service connection for a left shoulder disorder, lumbosacral spine strain, and right knee disorders. However, these claims are still in dispute as new evidence submitted by the Veteran does not conclusively establish that his current conditions were incurred or aggravated during service.