Back / lumbar spine decisions — 2013

The Board denied service connection for an acquired psychiatric disorder, including PTSD, and lumbar spine disability. The Veteran's claim for a higher initial rating for bilateral Achilles tendon injuries and left and right Achilles tendon injuries was also denied. Service connection for seizure disorder was not addressed in this decision.

The Veteran's death was not caused by or a result of service-connected conditions, and the claim for DIC under 38 U.S.C.A. § 1318 is denied as he did not meet the requirement of having been in receipt of total disability compensation due to service-connected disabilities for at least ten years immediately preceding his death.

The Board has reopened the claim for service connection for residuals of a low back injury and finds that new evidence received since the July 2007 decision raises a reasonable possibility of substantiating the claim. The Veteran's current low back disability is found to be related to his in-service injury.

The Veteran's appeal is being remanded to schedule a Travel Board hearing due to his request.

The Veteran's claim of entitlement to service connection for bilateral hearing loss, low back disability, and bilateral foot disability was denied. The Board found that the Veteran does not have sufficient hearing loss in either ear to be considered a ratable disability.

The Board has remanded the case for further development due to a lack of consideration of the Veteran's lay assertions and post-service medical history.

The Veteran's appeal has been dismissed due to his death while the appeal was pending before the Board.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective from December 3, 2010. The Board found that this rating was appropriate based on the evidence showing moderate limitation of motion.

The Board found that the Veteran's current back disability is not related to any period of active military service or manifested within one year following discharge from service, and thus denied his claim for service connection.

The Veteran's service-connected herniated lumbar discs at L2-L3 and L4-S1 were found to not warrant a disability rating in excess of the assigned ratings prior to December 6, 2011 or from December 6, 2011.

The Veteran's appeal is remanded due to the need for a Board hearing. The issues of service connection, increased ratings for lumbar spine disability and radiculopathy, and TDIU are still pending.

The Veteran's service-connected low back pain has been manifested by chronic, persistent low back pain with radiculopathic symptoms radiating down her right lower extremity and foot. The Veteran's thoracolumbar spine is affected by degenerative changes as evidenced by imaging studies, with limitation of forward flexion to greater than 60 degrees but not greater than 85 degrees, a combined range of motion of greater than 120 degrees but not greater than 235 degrees on repetitive motion testing (factoring in functional loss due to pain), and muscle spasm that does not alter her gait. There is no neurological impairment or incapacitating episodes associated with the radiculopathic component of her low back disability. The criteria for a higher evaluation have not been met.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence to support the Veteran's claims.

The Board has granted service connection for degenerative joint and disc disease of the lumbar spine, cervical spine, right knee, and left knee based on continuity of symptomatology during active duty.

The VA determined that the Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board has remanded the case due to incomplete records and a need for additional medical opinions.

The Veteran's appeal for an earlier effective date for tinnitus was dismissed as a freestanding claim, not related to the reopening of his service connection claim.

The Board has determined that a new VA examination is necessary to determine the etiology of the Veteran's current back, right ankle, and skin conditions, as well as her gynecological conditions. The claims are being remanded for these purposes.

The Veteran's low back strain, right knee DJD, and left knee DJD have been granted service connection effective since November 6, 2007.

The Veteran's service-connected right knee disability is rated as noncompensable. The varicose veins of her bilateral legs are rated as 10 percent since April 19, 2012.