Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's neck, back, and bilateral knee disabilities did not have their onset during active service or within one year thereafter, and are not causally related to service. As a result, the claims for service connection for these conditions are denied.

The Board found that the Veteran's lumbar spine disability is not related to service and denied his claim.

The Board found no evidence of a right foot disorder other than the fractures to the 3rd and 4th toes, nor any arthritis in the lumbar spine, hips, or knees, that was incurred during active service. The Veteran's statements regarding continuity of symptoms were not supported by medical evidence.

The Board found that the Veteran's current low back, upper back, and neck disabilities are not attributable to service or his service-connected left knee disability.

The Board found no evidence of a chronic lumbar spine disorder in service or for many years thereafter, and the medical opinion did not support a connection between the current condition and service. The claim is denied.

The Veteran's initial claim for a higher rating for his service-connected cervical spine disability was granted, and he is currently rated at 20 percent effective October 11, 2006.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service and denied his claim for service connection. The issue of an acquired psychiatric disorder other than PTSD remains on appeal.

The Board found that the Veteran's current lumbar spine disability is not attributable to a period of military service and denied his claim for service connection.

The Board has reopened the claim for service connection for the cause of the Veteran's death and finds that new and material evidence has been received. The claim will be further adjudicated by the RO.

The Board has granted a disability rating of 40 percent for service-connected diabetes mellitus, effective from June 17, 2013. The Veteran's DM now requires insulin, a restricted diet, and regulation of activities.

The Veteran's death was not service-connected, as he had been receiving a total disability rating based on individual unemployability for over ten years prior to his death.

The Veteran's claim for an increased evaluation for his service-connected lumbosacral strain is being remanded due to the need for a new VA examination and additional development of the record.

The Veteran's appeal is being remanded due to the need for additional records from medical facilities and his employer.

The Board has granted service connection for partial left femoral nerve injury and tinnitus, finding that these conditions were not the result of the Veteran's willful misconduct. The other issues related to service connection have been denied.

The Board has determined that a new examination and medical opinion are necessary to properly adjudicate the Veteran's claim for service connection of his lumbosacral spine strain with degenerative changes. The current examination report is inadequate as it did not consider all of the Veteran's history or complaints, including continuous low back pain since an in-service injury.

The Board has remanded the case for additional development, including obtaining Social Security Administration (SSA) disability benefit determinations and relevant VA treatment records from the Milwaukee VAMC. A VA spine examination is also scheduled.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging for an orthopedic examination to determine the nature and likely etiology of his left shoulder and low back disabilities. The RO will also issue a supplemental statement of the case addressing the increased rating claim for PTSD with symptoms of anxiety and depression.

The Board has determined that the Veteran does not have a current disability related to his service, and therefore, he is not entitled to service connection for a back disability or residuals of a concussion.

The Board found that the Veteran's cervical radiculopathy, status post laminotomy, discectomy, and foraminotomy, as well as her lower back disability (DDD and DJD), are not related to service. The claims were denied.

The Veteran's claims for increased ratings for his service-connected low back strain and post-herpetic neuralgia of the right axilla and right lateral chest were denied as there was no evidence to support a higher rating under the applicable VA rating criteria.