Back / lumbar spine decisions — 2013

The Board has remanded the case for additional development due to outstanding private treatment records and a need for another VA medical opinion regarding the Veteran's low back disability.

The Board found that the Veteran's lumbar and cervical spine disorders are not etiologically related to active service, and thus denied the claims for service connection.

The Board has remanded the case due to the need for additional examinations and records, particularly regarding service treatment records from the Veteran's Air National Guard service. The claims will be returned to the Board after further development.

The Board finds that the Veteran does not have a current lumbar spine disorder and there is no evidence linking any such condition to service. As such, service connection for a lumbar spine disorder is denied.

The Veteran's low back disability was initially rated as noncompensable, and a separate compensable rating for GERD prior to June 29, 2009. The Veteran is now rated with a 30 percent evaluation for GERD since that date.,The Veteran's low back disability remains at a noncompensable rating. His GERD has been rated as 30 percent disabling since June 29, 2009.

The Veteran's claim for an increased rating for his lumbar spine disability was denied as the evidence did not show that his forward flexion of the thoracolumbar spine was to 30 degrees or less, which is required for a higher rating.

The Board has ordered a new VA examination to address the Veteran's lumbar spine disability, including whether it is related to service and if any congenital defect was aggravated during service.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is denied as there is no evidence showing a current disability related to his active duty service or any service-connected condition. The Board finds that the Veteran did not have a chronic disorder at the time of discharge and does not have continuity of symptoms since service.

The Board has remanded the case for additional development, including obtaining treatment records from the Florida Department of Corrections and scheduling a VA examination to reconcile conflicting opinions on the etiology of the Veteran's low back disorder.

The Veteran's claimed lumbar spine, foot, ankle, and joint pain disabilities were not incurred in or aggravated by service. Joint pain is not related to service.

The Board is remanding the case to obtain a VA examination and additional medical records, as well as to determine whether the Veteran's lumbar spine disorder with associated bilateral lower extremity radiculopathy pre-existed service or was aggravated by military service.

The Veteran's appeal is being remanded for further development, including obtaining private medical records and providing additional opinions regarding the relationship between his service-connected conditions and any current disabilities.

The Board has determined that the Veteran's upper back disorder is not related to service and was not caused or aggravated by a service-connected disability. Therefore, service connection for an upper back disorder is denied.

The Veteran's lumbar strain did not meet the criteria for a higher rating, and his acquired psychiatric disorder was rated appropriately.

The Veteran's service-connected disabilities do not render him unemployable, as he is currently employed in a sedentary position and generates an income above the poverty threshold.

The Board has determined that the Veteran's current low back disorder, diagnosed as degenerative disc disease of the lumbar spine, is at least as likely as not related to his active duty service. As such, the claim for service connection is granted.

The Board has determined that the Veteran's lumbar spine disorder is causally related to his service-connected bilateral knee and bilateral ankle disabilities, granting the claim for secondary service connection.

The Board found that the Veteran's chronic low back disability, including diagnosed as a low back strain and degenerative arthritis of the spine, is not related to her active military service.

The Board has remanded the case for additional development due to lack of compliance with a previous remand directive. The Veteran is requested to provide information on his 2006 back surgery and any other relevant medical records.

The Board has determined that the Veteran's respiratory disability, low back disability, neuropathy of the lower extremities, erectile dysfunction, bladder disability, prostate disorder (benign prostatic hypertrophy), and bilateral arm disability are not related to his military service. However, he was exposed to asbestos during service, which is presumed to be a contributing factor in causing his current respiratory disability.