Back / lumbar spine decisions — 2013

The Board has remanded the case for clarification of a VA examiner's inconsistent statements regarding the etiology of the Veteran's low back disorder. The claim will be reconsidered based on the new information provided by the examiner.

The Veteran's appeal is being remanded for the purpose of obtaining additional medical records, scheduling a VA examination, and ensuring that all development actions have been conducted in full. The case will then be readjudicated.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of his psychiatric disorder.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing appropriate notice to the Veteran regarding her psychiatric disorder service connection claim.

The Veteran's claim for an increased evaluation of his low back disability is being remanded due to the need for a new VA examination and additional medical records.

The Veteran's right wrist fusion residuals are rated at 30 percent, which is the maximum schedular rating available. The appeal for increased ratings on other issues remains pending and will be remanded.

The Veteran's claims for service connection for a low back disability, bilateral knee and ankle disabilities, and a right fifth metacarpal fracture are denied. Service connection is granted for hypertension.

The Board denied reopening of service connection for DDD and spondylosis of the cervical spine, as well as denial of service connection for a bilateral eye disability. The claim for hepatitis C is pending due to remand.

The Veteran's appeal is being remanded for further development, including obtaining updated VA and private treatment records, scheduling a VA examination for residuals of pneumonia, and scheduling a VA examination to assess the severity of his service-connected lumbar spine disability.

The Veteran's claims for service connection for thoracolumbar spine, cervical spine, and left knee disabilities are being remanded due to the need for additional medical examination and opinion.

The Board denied the Veteran's claims of service connection for a lumbar spine disorder and denied his claims for increased ratings for bilateral hearing loss disability. The Board found that there was no evidence of arthritis or other lumbar spine disorders in service, and that any current lumbar spine disorder is not related to service.

The Veteran's right shoulder strain and low back strain are not considered to be related to her service, including as due to an undiagnosed illness from her Gulf War service.

The Veteran's claims for increased ratings and service connection were denied as his conditions are not found to be related to his service-connected gunshot wound residuals.

The Board granted a 20 percent rating for the service-connected lumbar strain effective November 1, 2008. The Veteran's facial scars were rated as 10 percent disabling prior to July 26, 2011 and higher than 30 percent thereafter. Angle recession glaucoma of the left eye was rated at 30 percent before March 1, 2005, with a subsequent reduction due to new evidence.

The Veteran's claim for an increased rating for lumbosacral strain was withdrawn. The Board also found that no chronic respiratory disability was incurred in service and is not related to the Veteran's current condition.

The Board denied the Veteran's claims for service connection for various conditions, including hypertension, lumbar spine disorder, right and left knee disorders, cervical spine disorder, post-phlebitic syndrome (right and left lower extremities), skin disorder, and sleep apnea, all presumed to be due to Agent Orange exposure. The decision did not assign a rating or provide an effective date.

The Veteran's claims for increased ratings were denied. The RO increased the rating for the service-connected osteoarthritis of the thoracolumbar spine to 40 percent effective on September 8, 2008 and for residuals of a fracture of the left fibula to 30 percent effective on July 20, 2010. The Veteran's claims remain pending.

The Veteran's service-connected disabilities, other than PTSD, do not render him unable to secure or follow substantially gainful employment.

The Board finds that the Veteran's current right shoulder disorder is not related to his period of service and therefore denied his claim for service connection.

The Board has remanded the case due to incomplete records and need for additional examinations. The Veteran's service connection claims will be reconsidered based on the new evidence.