Back / lumbar spine decisions — 2013

The Board has remanded the case for further development to clarify whether the appellant currently has a low back disability and keratoma, bilateral calcaneus and right great toe with bilateral calcaneal heel spurs that had its inception during her period of service or is otherwise causally related to her active service.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's low back disability, and a VA examination is needed.

The Board has remanded the Veteran's claims due to incomplete evidence and need for additional examinations.

The Veteran's initial disability ratings for bursitis of the right knee, left knee, and residuals of a right hip injury were denied. The claim for an increased rating for low back injuries prior to July 21, 2010, and in excess of 20 percent thereafter was also denied.

The Board found that the Veteran's back disability did not manifest during service or within one year of separation, and is unrelated to his military service. The VA examiner opined that the current back disability was less likely than not incurred in or caused by service.

The Board has determined that the Veteran's cervical spine and right shoulder disabilities are not service-connected, as they did not manifest within one year of his separation from active duty or during a period of training duty. The evidence does not support a finding that these conditions were caused by or aggravated by any service-connected condition.

The Board has determined that the Veteran does not have a current lumbar spine disability or bilateral hearing loss disability for VA purposes, and thus service connection is denied.

The Board denied service connection for a lumbar spine disorder and thyroid disorder or Grave's disease, finding no evidence of in-service injury or aggravation.

The Veteran's claims for service connection for residuals of a left foot fracture, cervical spine disorder, lumbar spine disorder, and migraine headaches are being remanded due to the need for additional development.

The Veteran's appeal is being remanded for further development to determine the nature and extent of her service-connected foot and back disabilities, as well as whether she qualifies for a TDIU.

The Board has determined that the Veteran's low back disorder is not related to her military service or a service-connected condition, and thus denied her claim for service connection.

The Board denied the Veteran's claims for service connection for a chronic low back disability and chronic skin rashes, finding that there was no evidence of in-service injury or disease related to these conditions. The Board also found that any current low back disability is not linked to service.

The Veteran's service-connected lumbar spine disability is currently rated at 50 percent, effective May 12, 2011. The evidence does not meet the criteria for a higher rating under either the General Rating Formula or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.

The Board denied service connection for an acquired psychiatric disorder, including anxiety disorder/panic attacks, and a thoracolumbar spine disability. The Veteran's claims for higher initial ratings for asthma and otitis media were also denied.

The Board found that the Veteran's low back disorder is not caused or aggravated by his service-connected gunshot wound to the left tibia, and thus denied the claim for secondary service connection.

The Veteran's claims for increased ratings and service connection were addressed in the December 2009 Board decision, with some issues remanded to the RO/AMC. The initial compensable rating for a right knee surgical scar residual has been granted, and an increased rating for lumbar degenerative disc disease was assigned.

The Board has determined that the Veteran's currently diagnosed low back disability is related to his in-service injury, and service connection for degenerative joint disease of the lumbar spine is granted.

The Board has determined that the Veteran's low back and bilateral knee disabilities are not related to his service, and thus denied both claims.

The Board has determined that the Veteran does not have a current diagnosis of dry eyes, a chronic disability manifested by excessive ear wax, gastritis, or a low back disability. Therefore, service connection for these conditions is denied.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and SSA records. The TDIU claim will also be addressed.