Back / lumbar spine decisions — 2013

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for a lumbar spine disorder. The previous denial was based on lack of probative evidence linking the condition to service, and the new evidence does not provide such evidence.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims, including obtaining medical records and providing a new VA examination. The issues of service connection for PTSD, hypertension, and lumbar spine disorder are being remanded.

The Veteran's claims of entitlement to initial compensable disability ratings for right and left upper extremity neuropathy, as well as entitlement to service connection for low back arthralgia are being remanded due to the need for additional examinations and development.

The Board denied the Veteran's claims for service connection for erectile dysfunction, bilateral hearing loss disability, and tinnitus. The right knee and left knee disabilities were granted on a presumptive basis due to exposure to noise during active duty in Southwest Asia. Service connection was not established for the thoracolumbar spine disability.

The Board has reopened the Veteran's claims for service connection for low back, left knee, and right knee conditions. The evidence received since the June 2002 rating decision is new and material; however, it does not establish a nexus between the claimed disabilities and military service.

The Board denied the Veteran's claims for service connection for lumbar spine disability and TDIU as there is no direct evidence linking his current condition to active duty service or a service-connected disease/injury. The Veteran's combined evaluation of service-connected disabilities does not meet the percentage criteria for a TDIU.

The Veteran's service-connected thoracolumbar strain has been rated at 20 percent since the initial grant of service connection, reflecting limitation of motion with forward flexion to greater than 30 degrees but less than 60 degrees.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine and status post fracture of the L-3 with vertebral body deformity is being remanded due to additional evidence received since the last decision.

The Veteran's bilateral pes planus was found to have been aggravated by service, and he is now entitled to a 30% evaluation for his cold injury residuals of the feet. Service connection has not been established for cervical or lumbar spine disorders.

The Board found that the Veteran's neck disability, degenerative joint disease and degenerative disk disease of the lumbar spine, and headaches were not incurred in or aggravated during service and are not related to his service-connected reflex sympathetic dystrophy.

The Board denied the Veteran's claims for increased initial ratings for low back strain with degenerative disc disease, left knee disability, and right knee disability. The Veteran was not granted service connection for carpal tunnel syndrome of the right wrist.

The Board has remanded the Veteran's claim for service connection for bilateral hip disability and low back disability due to insufficient consideration of all potential claims raised by the medical evidence of record, as required by Clemons v. Shinseki, 23 Vet. App. 1 (2009) and Brokowski v. Shinseki, 23 Vet. App. 79 (2009).

The Board found no evidence linking the Veteran's current residual head injury scar or low back disorder to his military service, including an in-service fall. The Board determined that both conditions are more likely age and activity-related.

The Board finds the evidence is against a finding that service connection should be granted for a back disability, as there is no credible evidence of a chronic low back disorder or arthritis within one year of service and insufficient evidence linking current symptoms to service.

The Board has determined that additional development is necessary to address the Veteran's claims for service connection, including obtaining relevant treatment records and clarifying his exposure history.

The Board has remanded the case for further development, including obtaining missing service treatment records and scheduling a new VA examination to determine if the Veteran's current back disability had its onset in service or is related to his military service.

The Board has determined that the Veteran's lumbar spine disorder and acquired psychiatric disorder are not related to service, and thus denied both claims.

The Board has granted service connection for a back disability and determined that the Veteran meets the criteria for TDIU based on her combined rating of 70% due to multiple service-connected disabilities.

The Board finds that the Veteran does not have a low back disorder or bilateral knee disorder that is related to his active service. The preponderance of evidence is against these claims.

The Board has determined that the Veteran's low back disorder is not related to his military service and therefore denied his claim for service connection.