Back / lumbar spine decisions — 2013

The Veteran's service-connected disabilities, including left shoulder strain, lumbar disc disease, L5-S1 radiculopathy of the left lower extremity, and other conditions, are found to preclude him from securing and following substantially gainful employment.

The Veteran's claims for a higher rating for anxiety disorder and TDIU are being remanded due to incomplete development of the record, including obtaining VA treatment records from April 2006 to present. The claim for TDIU is also intertwined with his claim for an increased rating for anxiety disorder.

The VA determined that the Veteran's current low back disability is not related to service, and denied his claim for service connection.

The Board has remanded the case for additional development to obtain adequate opinions regarding the Veteran's neck and back disorders, including whether they are related to service or a service-connected shoulder disability.

The Veteran's degenerative joint and disc disease of the thoracolumbar spine is currently rated at 40 percent effective October 11, 2012. The Veteran's disc disease of the cervical spine remains rated at 20 percent.

The Board found that the Veteran does not have a dental disorder, sterility, prostate cancer, nerve damage, or a back disorder that manifested in service or is related to any incident of service, including exposure to ionizing radiation.

The Board found no evidence of a nexus between the Veteran's current low back and right knee disabilities and his service or any service-connected disability. The claims for bilateral hearing loss are addressed in the REMAND portion.

The Board found that the Veteran's low back disorder is not related to his service-connected right femur fracture and did not meet the criteria for direct or presumptive service connection.

The Veteran is attempting to reopen a final rating decision from March 20, 2007 which assigned a 40 percent rating effective November 18, 2006 for his thoracolumbar spine disability. The claim of entitlement to an earlier effective date than November 18, 2006 is dismissed as the Veteran's arguments do not establish clear and unmistakable error (CUE) in the March 2007 rating decision.

The Veteran was not found unemployable due to his service-connected disabilities prior to April 28, 2004. The Director of Compensation and Pension Service determined that the nonservice-connected cervical spine condition had a significant effect on his ability to work.

The Veteran's lumbar spine disability is rated at 10 percent prior to February 7, 2013 and at 20 percent from February 7, 2013. The Board found that the evidence did not support higher ratings under either method of evaluation.

The Board has remanded the Veteran's claims for additional development, including obtaining medical records and conducting examinations to address the nature and etiology of her claimed conditions.

The Board finds that the Veteran's right shoulder disability, back disability, and skin disability did not have their onset during military service or are otherwise related to such service. The evidence does not support a finding of nexus between these conditions and his military service.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative.

The Board has remanded the case for additional development due to incomplete records and need for further examinations.

The Board has granted service connection for a lumbar spine disability and found that the Veteran's current hip strains warrant increased ratings. The TDIU claim is inextricably intertwined with the rating claims and will be addressed upon final adjudication of these issues.

The Veteran's myofascial lumbar syndrome was initially evaluated at a 10 percent rating prior to October 4, 2010. Since then, the disability has been rated as 10 percent disabling.

The Board has remanded the case due to outstanding VA treatment records and a need for an aggravation opinion in the April 2011 VA examination report.

The Veteran's appeal is being remanded for additional development, including examinations and the provision of outstanding medical records.

The Board found that the Veteran's back disability did not begin in service or within a year of separation from service and is not attributable to his military service.