Back / lumbar spine decisions — 2013

The Veteran's appeal is being remanded for additional development, including obtaining worker's compensation records and VA treatment records. A more contemporaneous VA examination is also needed to determine the current severity of his service-connected stress reactions and fractures of the right hip/pubic rami, as well as whether a low back disability is related to his service-connected condition.

The Veteran's claims for increased ratings for depression, cervical spine disability, thoracolumbar spine disability, right foot plantar fasciitis and left foot plantar fasciitis were denied. The RO assigned non-compensable ratings to these disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess the severity of his service-connected disabilities.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected conditions. The issues include seeking increased ratings for degenerative disc disease of the lumbar spine and PTSD, as well as determining whether he is unemployable due to his disabilities.

The Veteran's claims for service connection for various disabilities, including low back disability, right lower extremity disability (claimed as pain and numbness), left hip disability, right hip disability, right shoulder disability, tinnitus, and left hand disability, were all granted. The decision is based on direct service connection due to in-service noise exposure.

The Veteran's GERD is rated at 30 percent effective May 19, 2009. The Board finds that the evidence supports a higher rating for GERD.

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

The Veteran's thoracolumbar spine disability has not resulted in forward flexion limited to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes that have required bed rest prescribed by a physician. As such, his claim for increased rating is denied.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine did not meet the criteria for a higher initial rating beyond 10 percent.

The Veteran's claims for increased ratings for lumbosacral DDD with L4 wedging, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity were granted. The effective date is July 7, 2008.

The Veteran's claim for residuals of a head injury, other than headaches and an eye disability is denied as there are no current disabilities related to the reported in-service injuries. The claims for headaches and back disability are remanded for further development.

The Veteran's appeal is granted for service connection for radiculopathy of the right lower extremity. The issue of a rating in excess of 40 percent for lower lumbar muscle strain was withdrawn by the Veteran, and thus no further action is required.

The Board has remanded the case due to inadequate medical opinion and requests for additional evidence.

The Veteran's claims for increased ratings for cervical spine and right knee disorders were denied as the evidence did not show that his conditions warranted a higher disability evaluation.

The Veteran's lumbar spine strain with intervertebral disc disease is currently rated at 20 percent, and the Board finds that this rating is appropriate given the evidence of record. The Veteran does not meet the criteria for a higher rating based on incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's lumbosacral spine disability has been shown to be manifested by no more than a 20 percent evaluation, and the Board finds that an increased initial evaluation is not warranted.

The Board has reopened the claim for service connection for a low back disability and granted it, finding that new and material evidence was received. The Veteran's lay statements regarding in-service accidents are considered along with VA medical records to support the reopening of the claim.

The Board has remanded the case due to incomplete evidence and need for further examination. The Veteran's claim of service connection for a low back disorder is pending.

The Board has denied the Veteran's request to reopen his claim for service connection of a low back disorder, finding that the new evidence submitted does not provide a link between his current condition and his in-service injury or treatment.

The Board denied an increased rating for the Veteran's service-connected lumbosacral strain with degenerative disc disease, finding that his disability did not meet or approximate criteria for a higher evaluation.