Back / lumbar spine decisions — 2013

The Veteran's appeal is remanded for a more contemporaneous examination to evaluate the current severity of his degenerative disc disease of the lumbar spine.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, as well as scheduling the Veteran for appropriate VA examinations to assess her current low back and right hip disabilities.

The Board has found that additional development is required before the Veteran's claim of entitlement to service connection for lower back disability can be decided. The case is REMANDED to obtain medical records, schedule a VA examination, and readjudicate the claim.

The Board has determined that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for a lumbar spine disability, and thus the claim remains denied.

The Veteran withdrew her appeal for an increased evaluation for low back pain before the Board could make a decision.

The Board has reopened the Veteran's claims for service connection for right shoulder, low back, left leg, and right leg disabilities. However, these claims are being REMANDED to obtain additional information from the Veteran regarding his factory job in 1982 and to schedule appropriate VA examinations.

The Veteran's cervical spine disability is currently rated as 30 percent disabling, the maximum rating assignable for limitation of motion. The Board finds no evidence of unfavorable ankylosis or other conditions that would warrant a higher rating.

The Board has remanded the case for additional development, including obtaining service treatment records and a medical opinion regarding the etiology of the Veteran's lumbar spine and sciatic nerve disabilities.

The Board has reopened the claim for service connection for a right ankle disorder and granted service connection for tinnitus. The claims of service connection for bilateral hearing loss, right index finger disorder, left ankle disorder, headache disorder (migraines), and back disorder are denied. Service connection for hemorrhoids is not addressed in this decision.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including obtaining medical records from specific providers and examining his current disabilities.

The Board has denied the Veteran's claims for service connection for right and left sciatic nerve impingement, diagnosed as sacroiliitis, and low back disability, diagnosed variously as sacroiliacs and low back strain. The Board found that there was no evidence of a nexus between these conditions and service or any service-connected disabilities.

The Board has determined that the Veteran's current low back condition is not related to his active military service, and thus denied service connection for a low back disorder.

The Veteran's low back disorder, rated as 40 percent disabling since September 1967, is found to preclude him from obtaining and maintaining substantially gainful employment due to his service-connected disability.

The Veteran's claims for increased ratings were denied. The initial compensable rating for dyspepsia was not granted, and the claim for a higher rating for degenerative disc disease of the lumbar spine was also denied.

The Board denied the Veteran's claims for increased ratings for his service-connected lumbar spine, right shoulder, left ankle, and right ankle disabilities. The issues of entitlement to service connection for a cervical spine disorder and a right elbow disorder were also addressed but are pending on remand.

The Veteran's appeal is being remanded due to incomplete development of his claims, specifically regarding the effect of flare-ups on his spine disability and whether pain significantly limits functional ability during flare-ups or when used repeatedly over a period of time.

The Board found that the Veteran's lumbar spine disability was not incurred or aggravated by service, and thus denied his claim for service connection.

The Board has remanded the TDIU claim for further development, including obtaining a VA medical opinion on whether the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation. The case is also being returned to the RO with updated treatment records and readjudicated.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine was granted, with a current evaluation of 40 percent effective June 14, 2013.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from July 24, 2002 to September 20, 2004. The Board finds that the evidence is in equipoise on whether he was disabled due to his service-connected conditions.