Back / lumbar spine decisions — 2013

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of the veteran's claimed shoulder, elbow, back, and seizure disorders.

The Board denied service connection for a low back disability and found that the Veteran's claims of increased ratings for various knee and wrist disabilities were not well-grounded as there was no diagnosed chronic condition. The Veteran's assertions regarding his current symptoms did not meet the threshold to establish service connection.

Effective August 15, 2007, the Veteran's migraine headaches are rated at 50 percent disabling due to very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. The rating for osteoarthritis of the lumbar spine remains at 30 percent.

The Veteran's low back disorder did not manifest any unfavorable ankylosis or incapacitating episodes requiring bed rest prescribed by a physician and treatment by a physician, thus the claim for a rating in excess of 40 percent was denied.

The Veteran's claim for a disability rating in excess of 20 percent for his chronic low back pain with degenerative joint disease of the lumbar spine is being remanded due to the need for additional development, including obtaining medical records and leave records from his employer.

The Veteran's claim for an increased rating for her lumbar spine disability is being remanded due to the need for additional medical examination and consideration of outstanding VA treatment records.

The Veteran's substantive appeal was not timely filed, and the Board is dismissing the appeal due to lack of jurisdiction.

The Veteran's claim for a higher initial disability evaluation for the service-connected adjustment disorder with depressed mood was granted, and he is now rated at 50 percent from August 25, 2010. Other claims were either denied or are pending.

The Veteran's initial ratings for lumbar spine and right hip degenerative joint diseases have been granted, but the claims are denied as his conditions do not warrant higher evaluations.

The Board found that the Veteran does not have a low back or left shoulder disability attributable to service, and thus denied these claims.

The Veteran's lumbar strain is not manifested by forward flexion of the thoracolumbar spine 30 degrees or less, and there are no incapacitating episodes. Therefore, his claim for an increased disability rating in excess of 20 percent for service-connected lumbar strain is denied.

The Board denied service connection for a left knee disability, degenerative changes of the left shoulder, and a low back disability. Service connection was not granted for peripheral neuropathy of the left upper extremity as it is not considered secondary to a service-connected condition.

The Veteran's service-connected disabilities, including coronary artery disease and degenerative arthritis of the spine, are found to affect his ability to engage in substantially gainful employment. The case is REMANDED for further development.

The Veteran's appeal is remanded for further development, including obtaining VA and private medical records, scheduling a VA examination to assess the severity of her service-connected low back disability, and clarifying the examiner's opinions regarding employment impact and intervertebral disc syndrome.

The Veteran's appeal was dismissed due to the death of the claimant, and no jurisdiction remains for further action.

The VA determined that the Veteran's current degenerative joint disease and degenerative disc disease of the lumbar spine were not incurred or aggravated in active service, and its incurrence or aggravation during such service may not be presumed.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the current severity of his service-connected lumbosacral strain with spondylolysis of L-5 and determining whether he is unemployable due to this disability. The case will also be reviewed in light of any new evidence obtained.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for low back disability and cervical spine disability. The Veteran's current degenerative disc disease is related to a documented in-service injury, and his cervical spine condition is etiologically related to his now service-connected low back disability.

The Board has determined that additional development is needed to determine the nature and etiology of any diagnosed left hip, left knee, and low back disability. The Veteran's claims are REMANDED for such development.

The Board has determined that a VA examination is needed to determine the current nature and etiology of any low back disability, as well as to obtain any outstanding VA treatment records. The Veteran's claim will be readjudicated after these actions.