Back / lumbar spine decisions — 2013

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and arranging for a medical examination to address his claims.

The Veteran's cervical spine disability is currently rated at 10 percent, but the Board finds that it does not warrant a higher rating based on the current evidence of record.

The Board has remanded the case for additional examinations and opinions to address the Veteran's claims of service connection for various conditions, including an acquired psychiatric disorder, chronic respiratory disability, low back disability, sinusitis, and a cerebral concussion or TBI. The issues are inextricably intertwined with the pending claim for service connection for an acquired psychiatric disorder.

The Board found that the Veteran's current low back disability is not related to his period of service, including treatment for low back pain during service. The evidence does not show a chronic condition in service or within one year after discharge.

The Veteran's appeal is remanded for further development, including obtaining updated VA treatment records and scheduling a new VA examination to assess the severity of his service-connected lumbosacral strain, urinary incontinence, bowel incontinence, radiculopathy, sciatic and femoral nerves of the left lower extremity, and radiculopathy, sciatic nerve of the right lower extremity.

The Veteran's osteonecrosis, right femoral head, with acetabular fracture and hip osteoarthritis, status post surgical repair is currently rated at 50 percent effective May 11, 2011. The Veteran's degenerative arthritis of the lumbar spine with bilateral L4 sciatic nerve involvement is currently rated at 20 percent effective May 11, 2011.

The Board has remanded the case for additional development due to insufficient examinations and missing VA treatment records.

The Veteran's appeal is being remanded for a Board videoconference hearing on the issues of payment of VA compensation benefits, service connection for a cervical spine disability, and a disability rating in excess of 20 percent for lumbar spine degenerative disease.

The Board has remanded the Veteran's case for further development, including obtaining updated medical records and SSA disability benefits records. The Veteran is also requested to provide any additional evidence or argument on his claims.

The Veteran's diabetes mellitus and low back disorder claims are being remanded for additional development, including consideration of herbicide exposure allegations and a VA examination.

The Veteran's lumbar spine disability with right lower extremity radiculopathy is rated at 40 percent, effective from August 21, 2006. The nasal fracture residuals are rated at 10 percent.

The Board has remanded the case for additional development, including obtaining VA medical records and potentially seeking an additional medical opinion. The Veteran's claims will be re-adjudicated based on all evidence.

The Veteran's appeal is being remanded due to the need for additional records related to his treatment for wrist and back symptomatology. The service connection claims will be reconsidered based on the new evidence.

The Board has denied the Veteran's claims of service connection for various conditions, including left knee disability, left shoulder disability, back disability, brain tumor, headaches, skin condition, hypertension, and sleep disorder. The evidence does not support a finding that these conditions are related to his military service.

The Board has ordered additional development of the Veteran's service treatment records and requested a legible copy of his entrance examination. The appeal will be returned to the RO for further consideration.

The Veteran's claim for service connection for an acquired psychiatric disability, including depression and panic disorder manifesting with alcohol abuse, was granted. The Board found that the current psychiatric disabilities are causally related to symptoms first experienced in active military service.

The Board denied service connection for bilateral hearing loss and left ear disability to include hearing loss due to lack of evidence of a current disability, as well as failure to establish an etiological relationship between the Veteran's active service and his diagnosed hearing loss.

The Board has granted the Veteran's claim of service connection for residuals, soft tissue injury of right hand. The petition to reopen his claims for service connection for lower back strain and heart murmur is also granted.

The Veteran's appeal is being remanded to the RO for further development, including obtaining additional VA clinical records and scheduling a VA examination. The issue of entitlement to an initial rating in excess of 10 percent for the service-connected residuals of a low back injury will be readjudicated after these actions.

The Board has reopened the Veteran's claim for service connection for degenerative joint disease of the lumbar spine and remanded it for further development.