Back / lumbar spine decisions — 2013

The Veteran's appeal is remanded due to unclear opinions regarding the adequacy of his schedular evaluation and the impact of his service-connected low back disability on his overall disability picture. The case will be readjudicated after obtaining clarification from the Director of the VA's Compensation and Pension Service.

The Board denied the Veteran's claims for service connection for bilateral foot condition (claimed as pes planus) and low back disability, finding no evidence of such conditions during or related to his military service.

The Veteran's thoracolumbar spine disability is rated at 20 percent, effective from the date of service discharge. He also has separate ratings for right and left lower extremity radiculopathy.

The Veteran's appeal is being remanded for further development, including scheduling a personal hearing before the Board at his local RO.

The Veteran's left knee and low back disorders are service-connected. The right knee chondromalacia, limitation of flexion, and extension issues have been granted increased ratings. A separate rating for instability was also granted. Major depressive disorder has been rated at 70 percent disabling.

The Board has granted service connection for degenerative disc disease of the cervical spine and radiculopathy of the right upper extremity, finding that these conditions are related to service.

The Board has reopened the claims for service connection for low back and left knee disabilities due to new evidence showing current diagnoses. The Veteran's military duties as a parachute member are considered in determining that his current conditions are related to service.

The Veteran's claim of entitlement to service connection for metatarsalgia, bilateral feet (previously claimed as muscle pain) is dismissed due to the benefit already being in effect. The issues of entitlement to service connection for a lumbosacral spine disability, an acquired psychiatric disorder, headaches, and sleep apnea are addressed in the REMAND portion of this decision.

The Veteran's claim for an increased rating for his lumbar spine disability is being remanded due to the need for a new VA examination and consideration of updated medical records.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and conducting spine and neurological examinations.

The Board has granted the Veteran's claim for a TDIU rating, finding that her service-connected disabilities prevent her from securing or following substantially gainful employment.

The Board found that the Veteran does not meet criteria for service connection for PTSD, and his claimed low back disorder is best characterized as primary insomnia. The Veteran's other claims of service connection were denied due to lack of a diagnosed condition within one year post-service.

The Board has determined that new and material evidence has been received sufficient to reopen the claim of entitlement to service connection for a low back disorder. Resolving reasonable doubt in favor of the Veteran, multilevel degenerative disc disease of the lumbar spine was incurred during his military service.

The Veteran's left hip disability and peripheral vascular disease of the lower extremities have been granted initial evaluations, while his lumbosacral spine condition remains at a non-compensable level. The left hip disability is rated based on limitation of flexion, with a separate evaluation for limitation of extension.

The Veteran seeks service connection for a mid-low back disorder, which may be secondary to his service-connected left knee disability. The Board has determined that the case should be remanded for further development and examination.

The Veteran has withdrawn his appeal for increased ratings for hypertension and low-back disability.

The Board is remanding the case to obtain updated VA and private medical records, as well as any SSA disability benefits related documents. The Veteran's claims for hypertension and lumbosacral spine degenerative arthritis will be readjudicated after this additional development.

The Board has determined that the Veteran's current lumbar spine disorder, including degenerative disc disease and diffuse lumbar spondylosis of the lumbar spine, is related to service. The claim for vertigo secondary to PTSD will be remanded as it was not addressed in this decision.

The Board has granted service connection for tinnitus, finding that the Veteran's current condition is at least as likely as not related to his military noise exposure. The claims for low back disability and bilateral hearing loss are remanded due to inadequate medical opinions.

The Veteran's appeal is being remanded for further development, including obtaining updated VA or private treatment records and a Social Security Administration decision. He also needs to undergo VA examinations for his lumbar spine disability and whether new and material evidence has been received to reopen his PTSD claim.