Back / lumbar spine decisions — 2013

The Veteran's depressive disorder is found to be related to service, and his erectile dysfunction is found to be secondary to a service-connected condition. The Board finds that the evidence is in equipoise as to whether the Veteran's lumbar spine arthritis, continuous body aches and joint pains, gastrointestinal disorder, migraine headaches, skin rash, allergic rhinitis, and sinusitis are related to service.

The Veteran's appeal has been dismissed as he withdrew his appeal through his authorized representative.

The Board has remanded the case due to scheduling issues for a Travel Board hearing. The Veteran's appeal is about whether new and material evidence has been submitted to reopen his previously denied claim for service connection for a low back disability.

The Veteran's service-connected PTSD is currently rated at 30 percent, which adequately reflects the severity of his disability as it does not cause occupational and social impairment with reduced reliability and productivity.

The Veteran's lumbar spine disability is found to be aggravated by his service-connected bilateral foot disabilities, and thus service connection for this condition is granted.

The Board has dismissed the appeal due to the death of the appellant.

The Veteran's claims for increased ratings for his lumbar spine disability have been denied. The VA has not provided a rating in excess of 40 percent prior to June 24, 2010; 50 percent from June 24, 2010 to March 10, 2013; and 60 percent since March 11, 2013.

The Board has determined that new and material evidence was received sufficient to reopen the claim for service connection for a back disability. The claim is again denied.

The Board finds that the Veteran's low back disability is not related to his first period of active duty service from July 1980 to July 1984. The evidence does not support a finding of continuity of symptomatology or a medical nexus between the current condition and this period of service.

The Board found that the Veteran's service-connected conditions did not cause or contribute to his death from pancreatic cancer, which resulted in a denial of service connection for the cause of his death.

The Board has determined that the Veteran's low back disorder is as likely as not causally related to his active military service, and therefore grants entitlement to service connection for a low back disorder.

The Board has determined that the Veteran's current lumbar spine disorder is not related to his active military service and thus denied his claim for service connection.

The Board has denied the Veteran's appeals for higher initial ratings for bilateral hearing loss and tinnitus, finding that the evidence does not support a compensable rating or an increased rating beyond 10 percent. The service-connected low back disorder is found to be service connected.

The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions and incomplete evidence. The case will be returned for further review after obtaining a new VA examination.

The Board found that the Veteran's cardiovascular disease, hypertension, right shoulder arthritis and back disorder are not related to his military service. The heart murmur in 1942 was considered a benign finding without evidence of subsequent treatment or diagnosis.

The Veteran's appeal is being remanded for further development, including additional examinations and consideration of his claims.

The Board has determined that new and material evidence has not been received to reopen the claims of entitlement to service connection for low back disability and acquired psychiatric disability, however diagnosed. The claim for PTSD is reopened.

The Board has denied the Veteran's claims of service connection for bilateral hearing loss, back condition, and left foot injury due to lack of evidence supporting a nexus between these conditions and his military service.

The Board has decided to remand the case for further development and consideration, including obtaining additional medical records and providing a supplemental opinion on service connection.

The Board has denied the Veteran's claims for service connection for degenerative joint disease of the sacroiliac joint and lumbar spine spondylosis, finding that there is no evidence of such conditions during or within one year after service. The Board also found that these conditions are not otherwise related to service.