Back / lumbar spine decisions — 2013

The Veteran's claim for an initial disability rating in excess of 20 percent for degenerative disc disease of the lumbar spine is being remanded due to a lack of recent VA examination and outstanding service treatment records.

The Veteran's appeal includes claims for service connection for various conditions, including hearing loss, tinnitus, a lumbar spine disorder, a right elbow disorder, gastritis, and PTSD. The RO has denied these claims in part and remanded the case for further development.

The Veteran withdrew her appeal regarding the issue of service connection for a low back disability.

The Board is remanding the Veteran's claims for a back disorder and bursitis of multiple joints due to inadequate notice in the December 2008 decision, and because there are reasonable theories of entitlement raised by the record.

The Veteran's initial ratings for degenerative disc disease of the cervical and lumbar spine were granted, with a rating of 10 percent each. The claims are currently under appeal for higher ratings.

The Veteran's chronic lumbosacral strain was rated at 20 percent from May 28, 2005, and the Board denied a higher rating.

The Veteran's claim for an increased evaluation for his service-connected lumbar spondylosis with canal stenosis and nerve root compression is being remanded due to the need for a new Board hearing.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records since April 2011 and scheduling a new VA examination. The issue of entitlement to an initial disability rating in excess of 10 percent for left lower extremity radiculopathy associated with degenerative arthritis of the lumbar spine will be reconsidered.

The Veteran's lumbar spine osteoarthritis warrants a 20 percent initial rating effective February 1, 2012. The VA found that the disability resulted in forward flexion of the thoracolumbar spine being limited to 60 degrees.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to TDIU.

The Board finds that the Veteran's back disorder, including his congenital hemangioma at L-1, was not caused or aggravated by service. The evidence does not support a finding of service connection.

The Board has determined that additional development is needed to obtain medical records, complete VA examinations, and ensure compliance with the VCAA. The case will be returned to the Board for further action.

The Veteran's claims for increased evaluations and service connection are being remanded due to the need for additional medical records, including recent treatment records. The Veteran is also scheduled for a VA examination regarding his right hand disability.

The Veteran's claims for service connection and increased evaluation for his cervical spine injury with spondylosis, as well as lumbar strain, are being remanded due to the need for additional development including obtaining VA and private treatment records.

The Board has remanded the case for a VA medical opinion to determine if the upper back disability is related to service-connected degenerative disc disease of the lumbar spine or other service-connected condition.

The Board has determined that the Veteran's current low back disability is related to an injury he sustained during service, and grants his claim for service connection.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the etiology of his hypertension and back disability.

The Veteran's spondylolisthesis of the lumbar spine at L5-S1 is not manifested by forward flexion of the thoracolumbar spine to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or IDS with incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months. Therefore, his claim for a higher rating is denied.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by service, as there is no evidence of a chronic condition during service and no credible assertion of continuity of symptoms. The current low back disorder is more likely related to post-service on-the-job injuries.

The Veteran's appeal is remanded for additional development, including clarification of the presence and nature of intervertebral disc syndrome related to his service-connected thoracic spine disorder.