Back / lumbar spine decisions — 2013

The Board has remanded the claims for increased ratings for left shoulder and lumbar spine disorders due to a hearing officer's absence.

The Board denied the Veteran's claims for service connection for thoracolumbar spine disability and an initial rating higher than 10 percent for degenerative arthritis of the cervical spine. The appeal was remanded multiple times, but the claims were ultimately denied.

The Board found no evidence of a chronic low back disability in service or within one year post-service, and the Veteran's current condition is not related to his military service. The claim for skin disability was also denied.

The Board has remanded the case for further action, including scheduling a hearing before the Board.

The Board has remanded the issues of service connection for GERD and osteoarthritis (other than lumbar spine) to determine if they are secondary to service-connected disabilities. The March 2012 VA examiner provided an addendum opinion addressing these issues.

The Board found that the Veteran does not have residuals of a head trauma, and denied his claim for service connection.

The Veteran's claim for service connection for a low back disability was denied in 1997, but new and material evidence has been submitted. The Board is remanding the case to obtain additional medical opinions regarding the onset of his current low back disorders.

The Veteran's degenerative disc disease with compression deformity of L-2 is currently rated at 20 percent, effective March 8, 2006. The Board denied an increased rating for his service-connected back disability as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's degenerative arthrosis of the left great toe was found to have developed as a result of his service-connected gout disability. The other claims for service connection were either withdrawn or not granted.

The Veteran's appeal has been withdrawn by his representative prior to the Board issuing a decision.

The Board has dismissed the appeal due to the appellant's withdrawal of all pending issues.

The Veteran's tinnitus is service-connected as it had its onset from an injury, disease or event of active service origin.,The Veteran's conduction aphasia and receptive aprosodia (stuttering) are service-connected as they had their onset from an injury, disease or event of active service origin.,There is no evidence to support the claim for a cognitive disability. The Veteran has not been diagnosed with this condition during service or within one year after separation, and it is unrelated to any injury or disease in service.,The Veteran's headache disability does not meet the criteria for service connection as there is no evidence of such a condition during service or within one year after separation.,The Veteran has an undiagnosed illness manifested by sore and tender muscles/joint pain of the elbows, shoulders, calves, and knees. This condition had its onset from an injury, disease, or event of active service origin.,The Veteran has an undiagnosed illness manifested by low back pain. This condition also had its onset from an injury, disease, or event of active service origin.

The Veteran's dysthymic disorder due to chronic pain is currently rated at 30 percent since July 25, 2008. The other service-connected conditions have their respective ratings as described in the issues section.

The Board has remanded the Veteran's claim for service connection for lumbar spine degenerative joint disease due to insufficient evidence regarding the relationship between his current disability and his military service. The case will be reviewed with a new VA examination to determine if there is any medical nexus.

The Veteran's claims for increased evaluations of his left knee arthritis and instability, as well as an initial evaluation for his right knee disability were denied. The VA examiner found that the Veteran had DJD of the left knee with a flexion range to 140 degrees without pain.

The Board found that the Veteran's back disorder was not incurred in or aggravated by service and arthritis may not be presumed to have been so incurred.,There is no competent evidence relating any current psychiatric diagnosis to an incident of service or a service-connected disability. The Board concluded that the Veteran does not meet the criteria for service connection for PTSD, Major Depression, or Generalized Anxiety Disorder.

The Veteran's appeal is being remanded for additional development, including obtaining records from his treating physician and possibly scheduling an examination.

The Board has remanded the claims for additional development due to incomplete records and further examination or opinion may be needed.

The Board found that the Veteran's back and left hip disabilities are not service-connected as they were not incurred or aggravated by his military service.

The Board has determined that the Veteran's current back disability was not incurred in active duty service.