Back / lumbar spine decisions — 2013

The Veteran's appeal is being remanded for additional development, including the provision of a new VA examination and consideration of all submitted evidence.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a lumbar spine disorder. The Veteran's symptoms of degenerative joint disease (DJD) and degenerative disc disease (DDD) have been continuous since service separation, meeting the criteria for presumptive service connection under 38 C.F.R. § 3.303(b).

The Veteran's appeal for service connection for residuals of a burn to the left forearm has been withdrawn. The remaining issues on appeal will be addressed in the remand portion.

The Board found that the Veteran's cervical and thoracolumbar spine disabilities did not manifest during active military service or within one year of separation, and concluded they were caused by psoriatic arthritis and associated degeneration rather than a back injury in service.

The Veteran's degenerative disc disease of the lumbar spine is found to have started in service following a motor vehicle accident, and thus service connection is granted.

The Board has found that the Veteran's currently diagnosed degenerative disc disease of the low back is related to his military service, granting the claim for service connection.

The Board denied the Veteran's claims for service connection for lumbosacral strain and lumbar degenerative disc disease, finding that new and material evidence had not been received to reopen his previously denied claims.

The Board found that the Veteran's current back conditions, including degenerative disc disease at L5-S1 and radiculopathy of the left lower extremity, were not incurred or aggravated during service. The evidence did not support a finding of service connection.

The Board found no evidence of current diagnoses of meningitis or its residuals, and thus denied the Veteran's claim for service connection.

The Board has remanded the case for further development due to errors in its December 2011 decision regarding service connection for a lumbar spine disability. The Veteran's appeal is now pending again with the RO.

The Board denied the Veteran's claims for service connection for left knee disability and back disability, finding that there was no evidence to support a direct relationship between his current disabilities and his military service.

The Board has determined that the Veteran's bilateral hip and low back disabilities are not related to service or secondary to his service-connected knee disabilities. The claims for service connection have been denied.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there is no competent and credible evidence linking his current low back disorder to any aspect of his period of service. The preponderance of the evidence is against a finding that the Veteran's current low back disorder is proximately caused or aggravated by his service-connected pes planus.

The Board found that the earlier RO decisions denying service connection for a low back disability were not appealed, and thus the October 2001 grant of service connection is considered final. The Veteran's appeal seeks an earlier effective date but cannot be granted as the prior denials are final.

The Board has determined that the Veteran's low back disorder is not proximately due to or aggravated by her service-connected knee disabilities. The mental disorder issue remains unclear as it was not addressed in the decision.

The Veteran's lumbar spine disability is rated at 40 percent, effective from April 26, 2008. The TDIU claim for the period prior to December 12, 2012, is granted.

The Board found that the Veteran's objective neurological abnormalities, which are manifestations of his service-connected DDD of the lumbar spine, do not meet criteria for separate compensable ratings due to minimal impairment.

The Veteran's claims for increased ratings for his service-connected back and left shoulder disabilities are being remanded due to the need for additional development, including new VA examinations.

The Veteran's service-connected lumbar spine disability and associated radiculopathy of the lower extremities have been granted an initial evaluation in excess of 20 percent.

The Veteran's claim for service connection for a back condition is being remanded due to inadequate examination and incomplete medical records.