Back / lumbar spine decisions — 2013

The Board found that the Veteran's lumbar spine disorder was not incurred or aggravated in service and denied his claim for service connection. The psychiatric disorder issue, including PTSD based on personal assault/military sexual trauma (PA/MST), somatoform disorder, generalized anxiety disorder and depression, is addressed separately.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that it is directly related to his active duty service.

The Board has remanded the case due to an inadequate VA examination and a need for clarification on whether Bertolotti's syndrome is a congenital 'disease' or 'defect'. The Veteran needs another VA examination to determine if his current low back disability, including dextroscoliosis, is related to service.

The Veteran's service-connected lumbar spine DJD was not found to warrant an evaluation in excess of 10 percent prior to December 10, 2007.

The Veteran's degenerative joint and disc disease of the thoracic and lumbar spine has not met the criteria for a rating in excess of 20 percent from December 8, 2008.

The Veteran's claims for increased evaluations for his service-connected lumbar spine and bilateral knee disabilities are being remanded due to the need for additional development, including a VA examination.

The Board has remanded the case for scheduling a Travel Board hearing, as the Veteran's claim was not properly addressed due to an oversight. The issue remains about service connection for a low back disorder.

The Veteran's claims for increased rating of lumbar disc disease and TDIU were denied. The Board found that the evidence did not support a higher rating based on unfavorable ankylosis or intervertebral disc syndrome, but continued to assign the current 40% disability rating.

The Board denied the Veteran's claims for service connection for various conditions, including macules on the tongue, chronic bronchitis, asthma, chronic sinusitis, a heart disability, hypertension, carpal tunnel syndromes, bilateral pes planus, and psychiatric disabilities. The decision found no current disabilities or evidence of in-service incurrence.

The Board has determined that the Veteran's low back disorder and PTSD do not warrant a higher initial rating, with service connection established on a direct basis for both conditions.

The Veteran has withdrawn his appeals for increased ratings for degenerative joint disease of the left elbow, right elbow, and lumbar spine from April 29, 2010.

The Board found that the Veteran's current low back disorder with left leg radiculopathy is likely due to a motor vehicle accident during service, and granted service connection based on direct service connection.

The Board has determined that the Veteran's cervical, dorsal, and lumbar spine disabilities were not incurred in service. The evidence does not show a current disability related to military service.

The Board has granted the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and migraine headaches. The claim for a back disorder is being remanded.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the nature and etiology of his bilateral hearing loss disability and service-connected lumbar spine disability.

The Board denied the Veteran's claims for service connection for a low back condition and a bilateral leg condition, finding that there was no evidence of continuity of symptomatology or a link between current conditions and military service.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging for a VA examination to determine the nature of his low back disability and its relationship to service-connected bilateral knee disabilities.

The Veteran's claims for increased ratings and a temporary total disability rating based on the need for convalescence following surgical treatment of his lumbar spine are being remanded due to the need for additional development, including obtaining private medical records and conducting new VA examinations.

The Board found that the Veteran's current low back disability was not incurred or aggravated by his military service, and therefore denied his claim for service connection.