Back / lumbar spine decisions — 2013

The Veteran's initial disability rating for his lumbar spine disability was granted at 10 percent, which is the maximum schedular rating available under the General Rating Formula.

The Board has determined that the Veteran's current lumbar spine disability is related to his service, and thus grants service connection for this condition. The issue of cervical spine disability remains pending.

The Veteran's claims for service connection are being remanded due to the need for a video conference hearing.

The Board has remanded the case for additional development due to incomplete records and the need for a medical opinion regarding the etiology of the Veteran's low back disorder.

The Board denied the Veteran's claims for service connection for bilateral foot disorder, bilateral hip disorder, and low back disorder. The evidence did not support a finding of in-service injury or disease that could be linked to these conditions.

The Veteran's appeal is being remanded due to the need for a rescheduled hearing before a Veterans Law Judge.

The Board found that the Veteran's low back disability and Raynaud's disease were not incurred in or aggravated by service, with no clear evidence of a nexus to his active service.

The Veteran does not have a chronic back disability attributable to his military service and the Board finds that any current back disability is related to post-service injury.

The Veteran's service-connected degenerative joint disease of the lumbar spine has not been shown to meet or approximate the criteria for a rating in excess of 10 percent.

The Board has determined that the Veteran's diagnosed low back disorders are caused and/or aggravated by his service-connected residuals of a compound fracture of the right tibia and fibula, granting him service connection for this condition.

The Veteran's appeal was dismissed due to his death, and no service connection for a back disability has been granted.

The Board has determined that the Veteran's current lumbar degenerative disc and facet joint disease is due to an event or incident of his active service, and therefore grants service connection for this condition.

The Veteran's cervical spine disability was rated at 10 percent from June 3, 1998, to August 15, 2007, and at 20 percent as of August 16, 2007.,VA denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has remanded the case for additional development, including obtaining military police reports and unit records related to a reported motor vehicle accident in Vietnam. The Veteran's claims for service connection and TDIU are pending.

The Board has granted a 40 percent rating for the service-connected degenerative joint disease of the lumbar spine, effective from March 25, 2005.

Service connection was denied for a neck disorder, diagnosed as degenerative disc disease of the cervical spine. The Veteran's current condition is not service-connected due to lack of medical evidence linking it to his military service.,The claim for removal of the gall bladder was also denied. There is no credible or competent evidence showing that this surgery occurred during service and there are no indications of a chronic disability resulting from any illness.

The Veteran's appeal is being remanded to obtain updated VA examinations for his PTSD and back condition, as well as an opinion on the impact of these conditions on his employability. Additional treatment records are also needed.

The Board has determined that the Veteran's current low back disability, including herniated nucleus pulposus, residuals of a laminectomy to the L4-L5 disc, and degenerative joint disease of the lumbosacral spine, is at least as likely due to his in-service injury. As such, service connection for this condition is granted.

The Veteran's claim for TDIU was denied as he did not meet the schedular requirements prior to May 3, 2005 and there is no evidence of unemployability due to his service-connected disabilities prior to that date.

The Board denied service connection for a back disability, residuals of a head injury, and an acquired psychiatric disorder. The Veteran's claims were not reopened or remanded further.