Back / lumbar spine decisions — 2013

The Veteran's claims for increased ratings and service connection were denied. The case was remanded multiple times, but the issues remained unresolved.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 10 percent, effective August 7, 2010. He also has a separate rating for right leg radiculopathy of 10 percent.

The Board denied service connection for a lumbar spine disability and a groin disability, finding that the Veteran's current conditions are not related to his military service.

The Veteran's service-connected lumbar spine multilevel disc disease with spinal stenosis is currently rated at 20 percent, effective June 3, 2009. The Board finds that an initial disability rating in excess of 20 percent is not warranted based on the evidence of record.

The Board found that the Veteran's diagnosed lumbar spine DJD/DDD was not incurred in or aggravated by service and may not be presumed to have been incurred in service. The evidence did not show a chronic disease within one year of discharge from service, nor did it establish continuity of symptomatology since service.

The Board found no evidence of a back disorder during service and determined that the current condition is not related to service. The claim for service connection was denied.

The Board has remanded the Veteran's claims for service connection and NSC pension due to incomplete development of records, including VA examinations. The claims will be reconsidered after all necessary evidence is obtained.

The Board has determined that further development is needed due to insufficient evidence to decide the claims under the applicable theories of service connection.

The Veteran's request for service connection for a back disability is being remanded due to his desire for a Travel Board hearing.

The Veteran's claims for service connection are being remanded to obtain additional medical records and to schedule the Veteran for VA examinations.,The Veteran reported having various disabilities, including foot problems, sinus issues, back pain, head injuries, hand/elbow/arm pain, shoulder problems, psychiatric conditions, and a heart condition. The Board will review these claims in light of all available evidence.

The case is remanded to the RO for additional development, including obtaining VA and non-VA medical records, conducting examinations, and adjudicating the claims.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a low back disorder. However, the claim is still denied as there is no competent medical evidence providing the required nexus between military service and a current back condition.

The Veteran's appeal is remanded for additional development, including obtaining an addendum opinion from the September 2011 VA examiner regarding whether his diagnosed back disorders are proximately due to or the result of his service-connected low back strain.

The Veteran's low back disorder is not service-connected as there is no evidence of a current disability related to his active duty service.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this claim.

The Veteran's cervical and lumbar spine disabilities have been rated based on their functional limitations, with the most recent rating decision increasing the ratings to 20 percent effective September 14, 2011.,Prior to September 14, 2011, the Veteran's cervical and lumbar spine disabilities were rated at 10 percent. As of September 14, 2011, they have been rated at 20 percent.

The Veteran's right and left ankle disabilities are rated at 20 percent each, but his bilateral heel spurs, knee disorder, hip disorder, and low back disorder are found to be secondary to these service-connected ankle disabilities. The claims for higher initial ratings for the ankle disabilities remain denied.

The Veteran's low back disability, including the compression fracture of L1 and lumbosacral strain, was not found to warrant a rating in excess of 20 percent prior to June 11, 2009, or in excess of 40 percent from that date.

The Veteran's low back disability has been rated at 20 percent since October 15, 2007. The Board found that the current range of motion and symptoms do not warrant a higher rating.

The VA Board found that the appellant's low back disability, characterized by pain and limited range of motion but not ankylosis or favorable ankylosis, does not warrant a rating higher than 20 percent.