Back / lumbar spine decisions — 2013

The Board dismissed the appeal due to the Veteran's death, and no jurisdiction remains for adjudicating the merits of this claim.

The Board has determined that the Veteran does not have a current diagnosis of restless leg syndrome, lumbar spine disorder, right shoulder disorder, left ankle disorder, or residuals of fractured pelvis, to include bilateral hip disorder. Therefore, service connection for these conditions is denied.

The Board has determined that the Veteran's current low back disability is related to his military service and grants the claim for service connection.

The Veteran's claims for service connection are being remanded due to the need for a VA examination to determine if his current low back disability and symptoms of left hip, knee, and shoulder disabilities are related to active military service.

The Veteran's claims for service connection were denied, with the exception of his claim for a compensable rating for a left inguinal hernia. The remaining claims for bilateral pes planus and associated physical conditions, as well as a mood disorder secondary to those conditions, were also denied.

The Board has remanded the case for additional development, including obtaining relevant VA treatment records and scheduling a VA spine examination to determine if the Veteran's lumbar spine disability is etiologically related to service or his service-connected left knee disability.

The Board found that the Veteran's current back disorder was not incurred in or a result of his military service, and is not due to or aggravated by a service-connected disability.

The Veteran's claims for increased ratings for his thoracolumbar spine degenerative disc disease and strain, involuntary bowel movements, L5 dermatomal left leg pain and numbness, and erectile dysfunction were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board found that the Veteran's current right knee, lumbar spine, and hip conditions are not related to his service. The claims for service connection were denied.

The Board has determined that additional development is needed to address the cause of death and the Veteran's service-connected conditions. The case will be remanded for further action.

The Veteran's claim for an initial compensable rating for hemorrhoids has been granted. Service connection for a respiratory disorder (claimed as asthma, bronchitis and COPD) is also granted. The left knee disorder and low back disorder are not service connected.

The Veteran's lumbar spine disability was rated at 10 percent prior to November 28, 2011. The Board found that the evidence did not meet the criteria for a higher rating.

The Veteran's appeal is being remanded for scheduling of VA examinations to determine the current severity of his cervical spine disorder. The claim will be reconsidered after these examinations are completed.

The Veteran's service-connected degenerative disc disease of the lumbar spine and retrolisthesis at L5-S1 is currently rated as 40 percent disabling, which meets the criteria for a higher rating. However, there is no evidence of ankylosis or incapacitating episodes that would warrant a higher rating.

The case is being sent back to the agency of original jurisdiction for review of additional evidence submitted by the Veteran, including a March 2013 opinion from Ralph B. Holtby.

The Board finds that service connection for residuals of second-degree burns on the palms with nerve damage is not warranted due to inadequate evidence of current disability. The remaining claims are remanded for further development.

The Veteran's lumbar spine DDD is found to have become manifest during his active duty service and granted service connection.

The Board has determined that the Veteran's current low back strain and mechanical low back pain did not manifest during or as a result of active military service, and thus does not meet the criteria for service connection.

The Board has determined that the Veteran's lumbar spine disability is proximately due to or the result of his service-connected left and right knee disabilities, granting service connection for intervertebral disc syndrome, status post laminectomy, lumbar spine as secondary to service-connected total left and right knee replacements and left knee instability.

The Veteran's appeal of service connection for a sinus disorder was withdrawn. The Board finds that the Veteran has sleep apnea that is likely traceable to his period of active duty service.