Back / lumbar spine decisions — 2013

The Board has determined that the Veteran does not have a current lumbar spine disability that is related to his active military service.

The Veteran's low back disability was not shown to be related to service, and the Board found no evidence of additional heart attack or psychiatric disability resulting from VA treatment. The Veteran does not have any service-connected disabilities.,VA did not find that the Veteran's current conditions were caused by hospital care, medical or surgical treatment provided under 38 U.S.C.A. § 1151.

The Board found clear and unmistakable evidence that the Veteran's lumbosacral disability preexisted service, and was not aggravated by service. As a result, the claim for service connection is denied.

The Board has granted the Veteran's petition to reopen his claim for service connection for a stomach disorder. The underlying question of whether he is entitled to service connection for this condition will be addressed in a separate remand.

The Veteran's service-connected disabilities rendered him unable to care for his daily needs without requiring the regular aid and attendance of another person, warranting special monthly compensation based on the need for aid and attendance.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that the evidence is at least in equipoise as to whether his current condition is related to his active military service. The appeal was reopened and the claim was then granted.

The Board found that the Veteran does not have diagnosed low back, right shoulder, or right hip disabilities and thus denied her claims for service connection.

The Veteran's appeal is being remanded due to the need for additional service treatment records and an examination. The issues of entitlement to service connection for back disability, bilateral hip disability (secondary), and bilateral foot disability (secondary) are on appeal.

The Veteran's appeal is being remanded for further development to determine the appropriate disability ratings of his service-connected lumbar spine and bilateral lower extremity disabilities.

The Board has determined that additional development is needed to obtain the Veteran's treatment records and to provide a VA examination. The appeal will be remanded for these actions.

The Board granted a 20 percent rating for the Veteran's lumbar spine disability, effective March 22, 2011. The claim for TDIU remains pending.

The Board has found that the Veteran sustained low back injuries in service and had chronic symptoms of a low back disability during service. Resolving all reasonable doubt in favor of the Veteran, the criteria for presumptive service connection for arthritis of the low back have been met.

The Veteran's claim for an increased rating for his lumbar strain has been granted, with a 40 percent disability rating effective from January 25, 2012.

The Veteran's appeal is being remanded for further development, including obtaining a VA examination to address the severity and nature of his neurological deficits related to numbness and tingling in his legs.

The Board has determined that further development is needed to address the Veteran's claims for service connection for a low back disorder and right knee disorder. The case is being remanded for additional examinations and consideration of the evidence.

The Board has ordered a remand due to the lack of substantial compliance with prior remand directives. The Veteran's claim for service connection for chronic low back strain is being returned to the RO/AMC for further development.

The Board has determined that the Veteran's current lower back disorder is not related to his active service and therefore denied his claim for service connection.

The Veteran's service-connected migraine headaches and lumbar spine arthritis prevent her from securing or following a substantially gainful occupation, but she does not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a). The case is remanded to consider whether she meets the requirements for a TDIU under 38 C.F.R. § 4.16(b).

The Board has remanded the case for additional development, including obtaining medical records and a new VA examination to determine if the Veteran's current back disability is related to his service.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling new examinations. The Veteran's claims of service connection for bipolar disorder and degenerative disc disease with right lower extremity radiculitis (claimed as a back disorder) are pending.