Back / lumbar spine decisions — 2013

The Veteran's claim for service connection for anxiety was denied as there is no competent and credible evidence showing a link between his current anxiety disorder and his military service.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA spine examination to determine the nature and likely etiology of the Veteran's back disability. The issue is being remanded due to the need for clarification on whether the Veteran's current back disability is related to his military service or if it is secondary to his service-connected residuals of pelvis fracture.

The Board denied the Veteran's claims of entitlement to service connection for chronic low back disability and chronic athlete's foot, finding that new and material evidence had not been received to reopen his previously denied claims.

The Veteran's claims for service connection for arthritis of the bilateral shoulders, elbows, wrists, hips and low back were denied. The Board found no evidence linking these conditions to his active service.

The Board has remanded the case for additional development, including obtaining medical records and providing an addendum opinion regarding the Veteran's back disabilities.

The Board has remanded the case for additional development, including obtaining specific dates of active duty and inactive duty training periods. The appellant is also to be scheduled for VA medical examinations to determine the etiology of his hypertension and low back disability.

The Veteran's atrial fibrillation manifested with fewer than four episodes per year, and thus a disability rating in excess of 10 percent is not warranted. The Board finds that the evidence does not support reopening his claim for service connection for chronic strain of the inner thighs or establishing service connection for heart disorders or TBI.

The Veteran's appeal is being remanded for a Travel Board hearing before another Veterans Law Judge at his local Regional Office.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the current 10 percent ratings for his bilateral knee disabilities are appropriate.

The Board has granted service connection for sleep apnea, but denied the Veteran's claims of service connection for left arm and back disabilities. The Veteran does not have a current diagnosis of a left arm disability or a back disability that is related to his military service.

The Veteran's service-connected disabilities, which include low back strain, fracture of the right tibia/fibula with hip pain and altered gait, right hip strain, ankle strain, and left hip degenerative joint disease, do not prevent him from securing or following a substantially gainful occupation.

The Board has remanded the case due to the need to obtain Social Security Administration records and further development of evidence.

The Board denied the Veteran's claims for service connection for a left hip disability, an evaluation in excess of 20 percent for his thoracolumbar spine disability, and TDIU. The primary issue was whether the Veteran's thoracolumbar spine disability warranted a higher rating based on limitation of motion.

The Veteran's service-connected disabilities, including degenerative disc disease/degenerative joint disease of the lumbar spine, left foot pes planus with arthritis, posttraumatic arthritis of the left shoulder, and pes planus of the left foot, collectively render him unemployable.

The Board found that the Veteran's carpal tunnel syndrome and back disability did not manifest in service or are otherwise related to her military service, thus denying her claims for service connection.

The Veteran's service-connected conditions have been rated appropriately, with no need for higher ratings.

The Veteran's cervical spine disability is presumed to have been incurred during service due to its manifestation within one year of separation. His seizure disorder, characterized as primary generalized tonic clonic seizures, is also presumed to have been incurred during service in the Gulf War theater.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a low back disorder. The evidence now supports a finding that the Veteran developed a herniated nucleus pulposus at L5-S1 during his period of active, honorable service which led to chronic low back pain and radiculopathy.

The Veteran's GERD with diarrhea was granted an initial evaluation of 30 percent, effective September 4, 2007. The lumbar spine disability received a separate 10 percent rating for irritable bowel syndrome and a 20 percent rating for degenerative disc disease. Left leg radiculopathy received a 30 percent evaluation.