Back / lumbar spine decisions — 2013

The Board has reopened the previously denied claims for service connection for a thoracolumbar spine disability and gastrointestinal disorder, finding new and material evidence. The Veteran's current diagnoses of scoliosis, multi-level intervertebral disc changes of the thoracic spine, age-indeterminate fracture of T8 vertebral body, gastroesophageal reflux disease (GERD), hiatal hernia, esophagitis and gastritis raise a reasonable possibility of substantiating these claims.

The Board has determined that the severance of service connection for degenerative joint disease of the lumbar spine with right lower extremity radiculopathy, entitlement to TDIU, and Dependents' Educational Assistance under 38 U.S.C. Chapter 35 was not proper due to lack of clear and unmistakable error in the original grant of service connection.

The Veteran's claims for increased ratings for sinusitis, gastroenteritis, low back disability, and left knee disability were denied as the evidence did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's lumbosacral spine strain with sacroiliac disorder is manifested by limitation of thoracolumbar spine flexion greater than 30 degrees, but no ankylosis or peripheral neurologic disease. The criteria for an initial rating in excess of 20 percent are not met.

The Board has granted service connection for degenerative disc disease of the lumbar spine with bilateral lower extremity radiculopathy and kidney stones, both incurred in active service.

The Board has denied the Veteran's claims for higher initial disability ratings and service connection for various conditions, including tinnitus, hearing loss, rotator cuff disability of the right shoulder with bone spur, post-operative cervical strain with spinal stenosis, allergic rhinitis, skin disability manifested by urticarial wheals, and loss of tooth No. 19.

The Board found that the Veteran's upper and lower back disorders did not have their onset during service or within one year of separation, and the preponderance of evidence is against a finding that these conditions are related to his military service.

The Board denied the appellant's claims of service connection for hypertension and a low back disability, finding no evidence of in-service incurrence or aggravation.

The Board denied service connection for a low back disorder and denied increased evaluations for right and left knee disabilities. The appellant's claims were not granted.

The Veteran's increased ratings for his service-connected lumbar spine, cervical spine, right elbow, and right ankle/lower extremity disabilities have been granted.

The Board has remanded the case for additional development, including obtaining National Guard service records and verifying periods of active duty, active duty for training, or inactive duty for training. The Veteran's claims for service connection are pending.

The Board granted service connection for tinnitus in his right ear and granted a 20 percent rating for degenerative facet joint L5-S1 with bulge, lordosis, and spondylosis (back condition). The other issues were not addressed as the appeal was not about service connection at all.

The Board has scheduled a Travel Board hearing for the Veteran. However, due to inclement weather and lack of transportation, the Veteran was unable to attend the previously scheduled hearing. The case is now being returned to the RO to reschedule the hearing.

The Board has remanded the case for additional development, including obtaining Army Reserve treatment and personnel records, such as medical board reports.

The Veteran's increased rating claim for her service-connected lumbar spine disability was denied. The effective date is not specified.

The Veteran's claim for an increased evaluation for DJD of the lumbar spine has been granted, with a rating of 40 percent effective August 5, 2011. A separate 10 percent rating is also granted for left leg radiculopathy associated with the service-connected DJD of the lumbar spine.

The Board has determined that new and material evidence has not been received to reopen the claim of entitlement to service connection for low back pain due to degenerative joint disease. The claim was previously denied in October 2002, and no new or material evidence has been submitted since then.

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

The Board has determined that the appellant's low back disability is service-connected, as it was incurred during active duty for training in March 1966.

The Board has determined that the Veteran does not have currently diagnosed right and left wrist disorders, right hip disorder, or back disorder. As a result, service connection for these conditions is denied.