Back / lumbar spine decisions — 2013

The Board found no evidence of a current low back disability and denied the Veteran's claim for service connection. The hearing loss was granted, but at a non-compensable rating.

The Veteran's service-connected lumbosacral strain was denied increased ratings in all periods of time specified.

The Board has granted the Veteran's claims for service connection for a low back disorder and for a psychiatric disorder (claimed as depression), finding that new and material evidence was received to reopen these claims. The low back disorder is being considered secondary to his service-connected bilateral feet and ankle disorders, while the psychiatric disorder claim remains pending.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions regarding his right wrist carpal tunnel syndrome, lumbar spine degenerative disc disease, and left shoulder condition.

The Veteran's lumbar spine disability was not incurred in or aggravated by service, and the Board finds that it is not related to a service-connected condition.

The Board has remanded the case due to insufficient opinions regarding the Veteran's tinnitus and back disability claims. The case will be reviewed again after additional development.

The Veteran's service-connected lumbar strain has been rated at 20 percent since March 1989. The VA examiner found that the Veteran's forward flexion was 60 degrees, which meets the criteria for a 20 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board denied the Veteran's claims for service connection for left side pain due to a lightning strike, sleep disorder secondary to PTSD, and increased ratings for lumbosacral strain and cervical strain. The Veteran was also not granted TDIU.

The Veteran's peripheral neuropathy of both lower extremities is productive of moderate paralysis, warranting a 20 percent rating. The appeal for TDIU was withdrawn prior to the decision.

The Veteran's claim for service connection for pseudofolliculitis barbae is granted. The Board finds that the Veteran has a current diagnosis of pseudofolliculitis barbae and had this condition in service, thus granting service connection.

The Board has reopened the claims for service connection for right and left leg radiculopathies, chronic blood disability, cervical spine disability, thoracic spine disability, and lumbar spine disability. The Veteran's current disabilities are found to be due to his service-connected lumbar spine disability.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine has been reopened, but further development is needed to determine if it is related to his active service or a period of Active Duty Training (ACTDUTRA). The claims for bilateral leg disability and left finger disability are also remanded due to the need for additional examinations.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining medical opinions regarding the etiology of his claimed disabilities and whether they are related to his military service.

The Board has determined that additional development is needed for the Veteran's claims, including verifying an alleged stressor and obtaining VA examinations to assess his current disabilities.

The Veteran's appeal is being remanded for additional development to address the issues of service connection and increased ratings for various disabilities.

The Board has reopened the claim for service connection for low back disability and granted it, finding that new evidence supports a nexus between the Veteran's in-service injury and his current condition.

The Veteran's appeal was dismissed due to his death.

The Board finds that the Veteran's current back conditions, including thoracolumbar spine strain and degenerative disc disease, are not shown to be directly related to his military service. The STRs do not document any chronic back condition or injury in service, and there is no evidence of a nexus between the current disabilities and service.

The Veteran's initial claim for a higher rating was denied, and the RO granted a 40 percent disability rating effective April 5, 2011.

The Veteran's service connection claims for migraine headaches, thoracolumbar disorder, and cervical spine disorder have been granted. The Board found that the Veteran had unremitting headache symptoms since service and currently has diagnosed migraine headaches related to service. For the thoracolumbar and cervical spine disorders, the Board noted current diagnoses but was unable to provide a nexus opinion without resorting to speculation.