Back / lumbar spine decisions — 2013

The Board has determined that the Veteran does not have a low back disability or hypertension that is related to service, and thus denied both claims.

The Veteran's claims for increased ratings for supracondylar fracture, right knee; fracture, left clavicle; and fracture, right ulna were denied due to failure to report for VA examinations. The claim for service connection for a low back disability is remanded.

The Veteran's claims for service connection of several conditions, including a low back disability and lung disease, are being remanded due to the need for further development. The VA is requested to obtain deck logs from his ship during service and clinical records from an April 1964 hospitalization at Okinawa Naval Hospital.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to evaluate his cervical spine disability. The claim for TDIU will also be considered.

The Board has determined that the appellant's claimed disabilities, including peripheral neuropathy of the lower extremities, right hip disability, bilateral knee disabilities, and lower back disability, are not related to his active service. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Veteran's low back disability and GERD were granted service connection, with the low back disability receiving a 40% initial rating.

The Veteran's claims for service connection were denied as the evidence did not establish a link between his current conditions and active military service.

The Veteran's service-connected PTSD and other disabilities prevented him from securing and following substantially gainful employment during the period from June 10, 2005 through August 6, 2006.

The Board has remanded the case for additional development due to outstanding VA treatment records. The Veteran's claim for service connection for a low back disorder, which is secondary to his service-connected disability, will be reconsidered.

The Board of Veterans' Appeals has determined that the Veteran's currently diagnosed low back disability, including degenerative disc disease (DDD) of the lumbosacral spine, is not shown to have been manifested in service and is not otherwise attributable to active military service.

The Board has remanded the Veteran's claim for additional development, including a new VA examination to determine the nature and etiology of his low back disability.

The Veteran's right tibial neuropathy consistent with mild tarsal tunnel syndrome is found to be related to service, and his T12 compression fracture with thoracic spine degenerative disc disease warrants a 40 percent evaluation as of March 5, 2012.

The Board has remanded the case for additional development due to the hearing officer's absence and the Veteran requested a new hearing at the RO.

The Board has denied the Veteran's claim for service connection for a back disability, finding that there is no clear and unmistakable evidence of pre-existing spina bifida prior to service and that the VA examiner did not adequately address all theories of entitlement raised in this case.

The Board found that the Veteran does not have a low back disorder that is attributable to military service or caused by his service-connected right leg shortening.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU rating.

The Veteran's service-connected disabilities, including bilateral hearing loss and other orthopedic conditions, are found to preclude him from obtaining or maintaining gainful employment. The Board grants a TDIU based on the severity of his service-connected disabilities.

The Board has remanded the case for additional development due to concerns about the severity of the service-connected back disability and radiculopathy, as well as the potential relationship between a neck disability and an in-service injury.

The Veteran's service-connected chronic lumbar strain with degenerative disc disease is currently rated at 10 percent prior to September 20, 2012 and denied for a higher rating.

The Veteran's claim for an increased rating for chronic lumbar strain is being remanded due to the need for updated VA treatment records and a new VA examination.