Back / lumbar spine decisions — 2013

The claims of service connection for psychiatric disorder, gastrointestinal disorder, right knee disability and low back disability are being REMANDED to the RO for further development.

The Veteran's appeal is being remanded for additional development to obtain medical records and for new VA examinations to address the nature and etiology of his claimed loss of balance, low back disorder, and headaches.

The Veteran's claim for service connection for a low back disability is being remanded due to the inadequacy of the VA examination and opinion provided. The case will be reviewed again after additional development, including an appropriate VA examination.

The Veteran's appeal includes a claim for an increased rating for her lumbar sprain and strain, currently rated at 20 percent. She also has a claim for TDIU based on all of her service-connected disabilities. The case is being remanded to obtain updated examinations and ensure compliance with prior remand directives.

The Board has remanded the Veteran's claim for service connection for a low back disability due to inadequate medical opinion. The TDIU issue remains on appeal.

The Board denied service connection for a thoracolumbar spine disability, finding no evidence of a chronic condition in service and no probative medical nexus linking the current condition to service.

The Veteran's service-connected conditions do not prevent him from securing and maintaining substantially gainful employment.

The Board found that the Veteran's back disability was not incurred in or aggravated by service and could not be presumed to have been incurred due to a disease or injury in service. The VA examination did not provide an opinion on whether her current back disability is related to service-connected right knee and ankle disabilities.

The Veteran's appeal is being remanded to obtain updated VA examinations and additional medical records. The goal is to determine the current severity of his service-connected disabilities, including right and left shoulder injuries, low back strain with degenerative joint disease, left ankle injury, left elbow injury, and radiculopathy of the right lower extremity.

The Veteran's service-connected migraine headaches, hemorrhoids, gastroesophageal reflux disease (GERD), and left leg deep vein thrombosis (DVT) were granted increased ratings. The Veteran's bilateral hearing loss, low back disability, cervical spine disability, sinusitis, right knee disability, and bilateral plantar fasciitis issues remain unresolved.

The Board has determined that the Veteran's current low back disability is related to his active military service, and therefore grants service connection for degenerative disk disease, status post lumbar fusion, rod and pedicle screws.

The Veteran's degenerative joint disease of the lumbosacral vertebrae does not meet the criteria for a higher evaluation, as it does not result in forward flexion of the thoracolumbar spine to 30 degrees or less; favorable ankylosis of the entire thoracolumbar spine; or, incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran's chronic low back disability, diagnosed as lumbosacral disc disease with left-sided sciatica, had its onset during his active military service. The Board finds in favor of the Veteran and grants his claim for service connection.

The Veteran's TDIU claim is being remanded due to the need for further development of evidence regarding his specific learning disability and its impact on employment, as well as an assessment of the combined effect of his service-connected disabilities on his employability.

The Board has granted service connection for the Veteran's lumbar spine degenerative disc disease, finding that it is related to an in-service injury and resolving all reasonable doubt in favor of the Veteran.

The Veteran's claims for earlier effective dates for service connection have been denied as the earliest date of receipt of a claim to reopen was June 5, 2006 and December 5, 2007 respectively.

The Veteran's claims for service connection for a lumbar spine disability and an initial rating in excess of 10 percent for PTSD are being remanded due to the need for additional development, including VA examinations.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The Board has remanded the case due to a lack of hearing transcript and will schedule a new hearing at the RO or via videoconference if requested by the Veteran.

The Board has determined that the Veteran's cervical and lumbar spine disorders are the result of injury sustained during his period of active duty, and service connection is granted for these conditions.