Back / lumbar spine decisions — 2013

The Board has determined that the Veteran does not have a current right shoulder or low back disability for which service connection can be granted, and thus denied both issues.

The Board has determined that the Veteran does not have a current disability related to her active military service for bilateral knee, low back, headache, or psychiatric conditions. As such, the claims for service connection are denied.

The Board denied attorney fees as there were no past-due benefits awarded to the Veteran, and thus no cash payment from which the fee could be deducted.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and clarification of his disability levels.

The Veteran's low back disability has been rated at 20 percent since August 9, 2006. The Board found that the evidence does not support a higher rating prior to April 3, 2013 and grants a 40 percent rating effective from April 3, 2013. With consideration of service-connected low back strain only, the Veteran is not considered unemployable.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for further medical examinations.

The Board has determined that the Veteran's low back disorder and right shoulder disorder were not incurred or aggravated by active military service, and therefore denied both claims.

The Veteran's appeal is being remanded for additional development, including a new examination and consideration of the TDIU claim. The issues include increased ratings for lumbar spine conditions and service connection for bilateral hearing loss.

The Board finds that the Veteran's low back disorder is likely due to repetitive injury sustained during his period of active service, and grants service connection for this condition.

The Veteran's appeal is being remanded for further development, including determining eligibility for VA benefits and obtaining medical records.

The Veteran's appeal is being remanded for additional development to determine the severity of his service-connected radiculopathy and to ensure that he receives a proper rating.

The Veteran's appeal for service connection for a low back condition was granted by the AMC in March 2013, effective from November 9, 2003. The claim of entitlement to service connection for numbness in both arms and legs remains pending.

The Board has determined that the Veteran's lumbar spine disability warrants a 20 percent evaluation, which is the maximum schedular rating available under Diagnostic Code 5243 for intervertebral disc syndrome.

The Board has determined that the Veteran's lumbar spine disability is not service-connected as there is no credible evidence of a nexus between his current condition and his military service. The claim for an initial rating in excess of 10 percent for post concussion syndrome with headaches remains pending.

The Veteran's lumbar spine disability was not incurred or aggravated by service, and the Board finds that there is no evidence of a direct relationship between his current condition and his in-service injury.

The Board found no evidence of a service connection for the Veteran's lumbar spine, cervical spine, or left knee disabilities. The conditions were not shown to be related to his in-service motor vehicle accident.

The Board denied service connection for back, rib/chest, and bilateral arm disabilities as there is no competent evidence linking these conditions to service.,There are no post-service medical records documenting current residuals of a head injury.

The Board denied the Veteran's claims for service connection for a low back disorder and arthritis of the wrists, finding that there was no evidence linking these conditions to his military service.,There is insufficient evidence to establish a link between the Veteran's current low back and wrist disorders and his active duty service.

The Veteran's claims for increased ratings for his service-connected bilateral hearing loss, low back disability, and radiculopathy of the lower extremities have been denied. The Board found that the evidence did not meet the criteria for higher ratings at any point during the appeal period.

The Board has determined that the Veteran does not have residuals of a broken neck, left leg numbness, insomnia, left and right elbow disorders, neuropathy of the left and right hands, or a thoracolumbar spine disorder that are related to his active service.