Back / lumbar spine decisions — 2013

The Veteran's service-connected lumbosacral strain has been rated at 10 percent since August 29, 2008. The evidence does not support a higher rating during this period.

The Veteran's initial ratings for diabetes mellitus, obstructive sleep apnea, hypertension, gastroesophageal reflux disease (GERD), and thoracolumbar spine disability were denied. The evidence did not meet the criteria for higher initial ratings in any of these cases.

The Veteran's appeal is being remanded to the RO for completion of an examination and additional development. The issues are whether he should receive a higher rating for his service-connected lumbar spine disability with degenerative changes, and if he has lumbar radiculopathy that is secondary to this condition.

The Board found that new and material evidence had not been received to reopen the Veteran's claim of service connection for a low back disorder, thus denying the reopening of the claim.

The Board has determined that the Veteran's low back disorder is not related to military service.,The preponderance of evidence does not support a finding that the Veteran's right and left knee disorders are related to military service.

The Board denied service connection for the Veteran's claimed low back, right foot, left foot, and vision disabilities as they were not shown to be related to active service.

The Board found that the Veteran's right ear hearing loss, tinnitus, and lumbar spine disorder are not service-connected as they were not incurred or aggravated by his military service.

The Board denied service connection for cervical spine arthritis and residuals of an injury to the thoracolumbar spine, finding no new evidence that would reopen the previously denied claim.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled videoconference hearing. The case will be returned to the Board after appropriate action.

The Board has remanded the case for further development, including scheduling a VA neurological examination to assess any neurological abnormalities or radiculopathy associated with the Veteran's service-connected lumbar spine disability.

The Veteran's service-connected degenerative disc disease of the lumbar spine, status post discectomy, is rated at 40 percent since November 20, 2010. The claim for TDIU was denied.

The Board found that the Veteran's current back disability is not etiologically related to his active military service, including in-service back injuries.

The Board finds that the Veteran's claimed neck, back, bilateral CTS and bilateral sciatica disabilities are not related to his service. The evidence does not show a current disability or any link between these conditions and his military service.

The Board found that the Veteran's low back disorder existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Veteran has withdrawn his appeal of the claims seeking higher initial ratings for PTSD and disabilities of the low back, left knee, right ankle, and right wrist.

The Board has remanded the claim of service connection for a low back disorder to the RO via the AMC.

The Board has determined that additional development is needed to address the Veteran's claims for service connection of low back disorder, cervical spine disorder, and sinusitis. The case will be remanded for a new examination and opinion from an examiner who reviewed all relevant evidence.

The Veteran's appeal of the May 2005 rating decision was found to be timely, and as a result, all underlying claims for service connection are now considered granted.

The Veteran seeks service connection for bilateral knee and back disorders, alleging that he fell off a truck during service. The Board has determined that additional development is needed to clarify the nature of his injuries and their relationship to service.

The Veteran's service-connected degenerative disc disease of the lumbar spine, status post laminectomy is currently rated at 40 percent and has been granted since the initial grant of service connection.