Back / lumbar spine decisions — 2013

The Board has reopened the claim of service connection for a lumbar spine disability, finding that new and material evidence has been submitted. However, after reviewing all available evidence, including VA and private treatment records, the Board concludes that there is no direct link between the Veteran's current lumbar spine disability and his military service.

The Board has denied the appellant's claim for service connection for benign essential tremors, finding that his condition preexisted his period of active duty and was not aggravated by such. The appeal regarding an initial rating in excess of 20 percent for lumbar spine herniated disc is addressed in the REMAND portion.

The Board found that the Veteran does not have a low back, upper back, neck, skin, or headache disorder that is causally related to his active military service.

The Board has granted the Veteran's claims for service connection for chronic thoracolumbar spine strain and residuals of a neck injury, finding that new and material evidence had been submitted to reopen these previously denied claims.

The Board has decided to remand the case for further development, including obtaining medical records and providing an addendum opinion from a VA examiner.

The Board found that the Veteran's thoracolumbar scoliosis preexisted military service and clearly and unmistakably did not undergo a permanent increase in severity during military service. The preponderance of evidence is against finding that his currently diagnosed degenerative disc disease and stenosis are related to military service.

The Board has reopened the claim for service connection of low back disability. The evidence now shows that the Veteran's current low back disability is related to her right foot injury, which is already service-connected. Therefore, the claim is granted.

The Board denied the Veteran's claim to reopen his previously denied low back disability, finding that new and material evidence had not been received.

The Board has remanded the Veteran's claims for further procedural and evidentiary development, including obtaining records of psychiatric, HIV, and low back treatment since November 2009; scheduling VA examinations for his spine and psychiatric condition; and determining whether the Veteran wishes to proceed as a pro se claimant.

The Board found no evidence of a service-connected dental disability for compensation purposes. For the low back and headaches, the Board determined that there was insufficient medical evidence to establish a link between current disabilities and service.

The Veteran's cervical spine disability was rated at 20 percent prior to April 22, 2008. The Board has determined that the disability should be increased to 30 percent for this period.

The Board has remanded the case for further development due to administrative error, and the Veteran's representative was not provided access to the claims folder.

The Veteran's appeals for increased ratings for migraine headaches, thoracolumbar spine DJD, and cervical spine DJD have been withdrawn.

The Board has remanded the case due to incomplete medical records and an inadequate VA examination. The Veteran's claim for service connection for a low back disability will be reviewed after obtaining additional information from his former primary care physician and any relevant treatment records.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that these conditions are related to noise exposure during active military service. Service connection for a low back disability was denied as the current condition is not etiologically related to active service.

The Veteran withdrew her appeal for a rating in excess of 20 percent for cervical degenerative disc disease with neck strain from appeal.

The Board denied the Appellant's claims for earlier effective dates for increased ratings and TDIU due to lack of factual ascertainability.

The Board has determined that further development is needed to address the Veteran's claims for service connection for low back and right knee disabilities, as they may be secondary to his service-connected left knee disability. The case is being remanded for an additional opinion from a VA examiner.

The Board has granted service connection for a scar on the palm of the right hand. The Veteran's current right hip and back disabilities are being remanded due to insufficient evidence.

The Board has determined that the Veteran's current back and neck disabilities are not related to his active service. The evidence does not show any chronic injury or disease during service, nor do symptoms of these conditions manifest since separation from service.