Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's timely substantive appeal was received within 60 days of the issuance of the Statement of the Case, thus finding the appeal to be timely.

The Veteran's substantive appeal was not timely filed, and the Board has dismissed the appeal due to this jurisdictional issue.

The Veteran's claim for a bilateral eye disability was denied as there is no evidence of a current disability, and the self-reported diagnosis of welder's keratitis was not confirmed by medical examination.,The Veteran's claim for degenerative arthritis of T12-L1 (low back) was also denied as his condition did not manifest within one year of separation from service.

The Veteran's appeal involves three issues: a TDIU rating, SMC based on A&A, and the reconsideration of a July 2002 decision denying service connection for residuals of a fracture of L1 with stenosis and DDD. The case is being remanded due to the need for a hearing before a Veterans Law Judge.

The Board has decided to remand the Veteran's claims due to the need for additional VA treatment records between 2002 and 2005. The claims will be reconsidered after these records are obtained.

The Board has determined that the Veteran's current heart disorders are not related to service, and thus denied his claim for service connection. The claims for back disorder and acquired psychiatric disorder (likely PTSD) have been remanded due to insufficient evidence.

The Board has determined that the Veteran's low back disability does not warrant a rating in excess of 10 percent, as it does not meet or approximate the criteria for a higher evaluation under the applicable VA Rating Schedule.

The Board finds the reduction in the rating for a thoracic spine disability from 20 to 10 percent, effective from August 11, 2010, was proper based on improvement demonstrated by VA examination records.

The Veteran's claims for service connection have been denied, and the application to reopen a claim for service connection for a back disability has also been denied. The remaining claims are either not supported by new evidence or do not raise a reasonable possibility of substantiating the claims.

The Board has remanded the Veteran's claims for service connection due to issues related to his low back disability and pain due to scar tissue. The case will be returned to the Board for further review after additional development.

The Veteran's appeal is being remanded for additional examinations and to obtain updated medical records. The primary issues are the rating of his service-connected lumbar spine disability, as well as whether he has a right hip disorder that is secondary to his service-connected lumbar spine disability.

The Board has remanded the case due to a lack of an opinion regarding whether the Veteran's service-connected bilateral knee disabilities caused or aggravated his low back disability. The claim is now pending for further development.

The Board has decided to remand the case for additional development, including obtaining private treatment records and determining whether an examination is required. The Veteran's claims will be reconsidered after this additional development.

The Veteran seeks service connection for a back condition, which he claims is secondary to his service-connected right tibia and fibula fracture with severe loss of motion in the ankle. The case has been remanded due to insufficient medical opinion regarding whether the low back disorder is caused by or aggravated by the service-connected ankle disability.

The Board has determined that the Veteran's low back disability is service-connected, resolving reasonable doubt in his favor.

The Board denied service connection for a chronic low back disorder and an acquired psychiatric disorder (depression) as the evidence did not establish that these conditions were incurred in or aggravated by service.

The Veteran's bilateral lateral femoral cutaneous neuropathy is found to be secondary to his service-connected lumbar disc disease. The claim for service connection for bilateral lateral femoral cutaneous neuropathy has been granted.

The Veteran's combined disability rating is 50 percent, which does not meet the percentage requirements for schedular TDIU. The Board finds no persuasive evidence suggesting that the Veteran is unemployable due to his service-connected disabilities or that his case is outside the norm.

The Board has remanded the case for additional development due to incomplete records from private physicians. The Veteran's claims will be re-adjudicated after these records are obtained.

The Veteran's lumbosacral strain with spondylosis and ankylosing spondylitis is currently rated at 40 percent, which is the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The claim for a higher rating is denied.