Back / lumbar spine decisions — 2013

The Board has remanded the case due to inadequate examination and needs further development before a final decision can be made on the service connection claim for an upper back disability.

The Board has determined that the Veteran's current left knee and low back disorders are not related to service, and thus denied his claims for service connection.

The Board has ordered additional development of the record to determine the likely etiology of the Veteran's current spine disability, including as due to exposure to radiation and/or back injury therein. The case is being remanded for further review after this development.

The Board has remanded the case for further development, including obtaining additional medical records and arranging a VA examination to assess the Veteran's service-connected disabilities and their impact on his ability to work. The TDIU claim will be reconsidered based on the new evidence.

The Veteran's appeal is being remanded due to the need for additional development, including a new examination and opinion regarding his low back disability. The issues of service connection for an additional low back disability are also inextricably intertwined with the increased rating claim.

The Board found no evidence linking the appellant's current right ankle and low back disabilities to his service, thus denying both claims.

The Board has determined that further development is necessary before the claims for service connection for tinnitus and lower back condition, degenerative joint disease can be decided.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine has been reopened and is now pending. The VA will conduct further examination to determine if his current shoulder, bilateral leg, and right wrist disabilities are related to his cervical spine disability.

The Veteran's lumbar strain and associated left leg radiculopathy have not been shown to warrant a higher initial rating under the applicable VA rating criteria.

The Veteran's traumatic thoracolumbar spine disease resulted in chronic pain, weakness, stiffness, tenderness, spasm, and decreased range of motion, leading to incapacitating episodes requiring bed rest. The Board found that the criteria for an initial disability rating of 40 percent have been met.

The Veteran's claim for an initial rating higher than 10 percent for his service-connected lumbar degenerative disc disease with lumbar facet syndrome is being remanded due to the need for a new VA examination.

The Veteran's appeal of his TDIU claim prior to November 2012 is being remanded for further development and consideration.

The Veteran's initial claim for a higher rating for his service-connected lumbar spine disability was granted, with the effective date set at March 9, 2005. The Veteran is currently rated at 40 percent for right lower extremity radiculopathy and 20 percent for left lower extremity radiculopathy from March 9, 2005 to July 23, 2009, with the effective date set at that time. The Board also granted a TDIU based on his service-connected disabilities.

The Board has remanded the case for further development, including obtaining records from Brown's VA Hospital in Dayton, Ohio. The Veteran's claim of entitlement to service connection for a low back disability is pending.

The Board found that the Veteran's pre-existing low back disability was aggravated by military service, but his neck disability is not due to or the result of any incident of service.

The Board has decided to remand the case for a new VA examination and opinion regarding whether the Veteran's current low back disorder is related to her service or secondary to her service-connected pelvic inflammatory disease.

The Veteran's appeals for increased ratings for his low back disability and right and left lower extremity radiculopathy and neurogenic claudication have been withdrawn.

The Board has determined that the Veteran does not meet the criteria for service connection for a kidney disability, residuals of a concussion, neck disability, or lumbar spine disability due to lack of evidence linking these conditions to his military service.

The Board denied the Veteran's claims for service connection for back, left knee, and left leg disabilities due to a lack of evidence showing that these conditions were incurred or aggravated by military service.

The Board has determined that the Veteran does not have residuals associated with hysterectomy claimed as muscle spasms, lumbosacral strain, cervical neck pain with bone spur, nerve root irritation, muscle spasms, arthritis, and severe left side pain, or migraine headaches related to service. The claim for PTSD is also denied.