Back / lumbar spine decisions — 2013

The Board has remanded the case for further development, including scheduling a hearing before a Veterans Law Judge at the RO in Muskogee, Oklahoma.

The Board has determined that the Veteran's low back disability is related to his active service and grants service connection for this condition.

The Veteran's claims for service connection for low back and right hip disabilities have been reopened, and he is now entitled to a 60 percent rating for his total knee replacement with degenerative joint disease of the right knee. He also meets criteria for TDIU.

The Board is remanding the case for further development and consideration of the Veteran's claims, including obtaining clarification on his appeal status, additional medical records, a VA examination to assess neurological symptoms, and an evaluation of his employability.

The Board has found that the Veteran's current lumbosacral spine and bilateral knee disabilities are related to his military service, including injuries sustained from parachuting duties.

The Veteran's claims for increased ratings were denied as the evidence did not show ankylosis of the lumbar spine, which is required for a rating in excess of 60 percent.

The Board has determined that the Veteran's service-connected degenerative joint disease of the right shoulder, right elbow, and erectile dysfunction do not meet the criteria for increased ratings or a TDIU. The low back disorder is denied as not related to service.

The Veteran's initial claim for a higher rating for his cervical spine disability was denied. However, he was granted a separate rating for right arm neurologic manifestations related to his service-connected cervical radiculopathy.

The Veteran's lumbar spine disability is rated at 50 percent effective September 24, 2012 due to ankylosis of the thoracolumbar spine. The right lower extremity radiculopathy is rated at 60 percent effective September 24, 2012.

The Veteran's claims for service connection for a back disorder and right knee disorder were denied as there is no evidence of chronic disability during or within one year after service, and the current disorders are not shown to be related to service.

The Veteran's service-connected degenerative disc disease of the lumbar spine is not considered to be related to his military service or his service-connected post-surgical syndrome of both feet. The Board finds that he does not meet the criteria for TDIU benefits.

The Board has ordered additional development to verify the Veteran's back injury during service, including searching unit and organizational histories for November 1971. The case will be returned to the RO for further review after this development is completed.

The Board has determined that additional development is needed to obtain medical records and to provide the Veteran with a VA examination for his low back disorder, right eye disorder, bilateral hearing loss, and tinnitus.

The Board found no evidence of a current low back disability that had its onset in service or is related to military service, and thus denied the Veteran's claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining addendum opinions from VA examiners and obtaining records from the Social Security Administration.

The Board has determined that the Veteran's currently diagnosed lumbar spine arthritis and osteopenia are proximately due to his service-connected knee and hip disabilities, and thus grants service connection for these conditions.

The Veteran's appeal has been withdrawn by her authorized representative, and thus the case is dismissed.

The Board denied service connection for residuals of right shoulder, neck, and back injuries as they are not linked to service or a service-connected disability.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine with spondylolisthesis and chronic sinusitis, render him incapable of obtaining and maintaining substantially gainful employment.

The Board has determined that the Veteran's current degenerative disc disease of the lumbar spine is related to his active duty service, and thus grants the claim for service connection.