Back / lumbar spine decisions — 2013

The Board has determined that there is no evidence of a current left knee or back disability, and the Veteran's claims for service connection are denied.

The Veteran's lumbar discogenic syndrome is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has remanded the case for additional development due to a need to obtain Social Security Administration (SSA) records and other relevant medical records.

The Board found no evidence to support service connection for the Veteran's back disability, as there was no in-service diagnosis or treatment and the condition did not manifest within one year of separation from active duty. The claim is therefore denied.

The Veteran's lumbar spine disorder is currently rated at 40 percent, but the Board has found that further development is needed to determine if a higher rating is warranted. The appeal for service connection of other conditions remains pending.

The Board has remanded the claims for additional development due to inadequate medical opinions provided in previous examinations.

The Board has remanded the case for further development and to schedule a videoconference hearing. The Veteran's claims include service connection for various conditions, including PTSD, pain, and a back disability.

The Board has remanded the case for further development, including obtaining additional service treatment records and VA treatment records. The Veteran's claims for service connection for a low back disorder and bilateral foot condition as secondary to his low back disorder are being considered.

The Board found that the Veteran's ankle/feet, back, neck, left shoulder, stomach/gastrointestinal, and psychiatric disabilities were not incurred in or aggravated by active service. The kidney disorder was determined to be pre-existing and not aggravated during service.

The Veteran's combined rating was 60 percent after the appellant's 26th birthday, but did not meet the requirement of a permanent and total disability for DEA benefits.

The Board denied service connection for the Veteran's claimed back and right knee injuries, finding that there was no evidence of hospital treatment or observation prior to January 2, 2007. The effective date for the temporary total disability rating under 38 C.F.R. § 4.29 based on PTSD is fixed at January 2, 2007.

The Veteran's left elbow disability is not related to his service-connected left knee disability. The Board denied the claim for service connection.

The Veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at his local VA office.

The Veteran's claims for service connection for right shoulder and low back disabilities have been granted. The Veteran has a current diagnosis of right shoulder superior labral tear with partial supraspinatus tear and acromioclavicular joint arthritis, as well as lumbar spinal stenosis.

The Board finds that the Veteran's currently diagnosed bilateral knee and low back disorders are etiologically related to service, thus granting service connection for these conditions.

The Veteran's appeal is being remanded to obtain additional VA treatment records and an addendum opinion regarding the etiology of his obstructive sleep apnea. The issues include a claim for service connection for low back strain and obstructive sleep apnea, with the latter potentially secondary to PTSD.

The Veteran withdrew her appeal prior to the Board's decision.

The Veteran's back disability has been manifest by limitation of motion, but does not meet the criteria for a higher rating as his range of motion is still within the limits required for a 40 percent evaluation.

The Veteran's appeal is being remanded due to the need for a new VA examination to assess the current severity of his service-connected degenerative disc disease of the lumbar spine. The Veteran also requested additional treatment records and was provided an opportunity to provide them.

The Veteran's claim for service connection for a back disability is being remanded due to the need for additional development, including obtaining SSA records and VA treatment records. A VA examination will also be scheduled.