Back / lumbar spine decisions — 2013

The Veteran's appeal is being remanded to obtain additional VA treatment records and for a comprehensive examination of his lumbar and cervical spine conditions.

The Veteran's claims for service connection for a left knee disorder and shell fragment wound residuals of the back are being remanded due to the need for additional examinations.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no credible evidence of continuity of symptomatology and no relationship between any current low back disability and his military service.

The Veteran's claimed conditions were not incurred or aggravated by his military service, including active duty for training and inactive duty for training. The Board finds no evidence of a nexus between the current disabilities and service.

The Board has granted the Veteran's claims for service connection for a lumbar spine disability and right hip disability as secondary to his service-connected bilateral pes planus and metatarsus varus. The claim for service connection for a left hip disability remains pending.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, as well as clarifying opinions from a VA examiner regarding service connection for a low back disability.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). The appeal is remanded for further development.

The Veteran's claims for increased ratings for cervical and lumbar spine disabilities were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claims for an effective date earlier than April 17, 2001, for the award of a total disability rating due to individual unemployability (TDIU) and Dependents' Educational Assistance (DEA) benefits were denied.,There was no evidence of a claim or increase in disability prior to April 17, 2001, which is when the Veteran's informal claim for an increased rating for his service-connected knee disorder was received.

The Veteran's low back disability was rated at 10 percent prior to August 11, 2010 and increased to 20 percent thereafter. The TDIU claim is granted.

The Veteran's claims for service connection for bilateral hearing loss and a low back disability are being remanded due to the need for additional development, including obtaining SSA records and VA treatment records.

The Board found that the Veteran's back disability was not incurred in or aggravated during service and denied his claim.

The Board has reopened the claims for service connection for degenerative disc disease, cervical spine; hypothyroidism; and epilepsy. The Veteran's PTSD claim remains pending.

The Board finds that further development is required to determine the Veteran's claims for service connection for a low back disorder and hepatitis C. The current VA examinations are inadequate, and additional evidence may be needed.

The Board has decided to remand the case for additional development, including obtaining SSA records and private medical records.

The Veteran's back condition is currently rated at 20 percent, and he has separate ratings for right and left lower extremity radiculopathy due to his service-connected back disability. The Board found the evidence did not support a higher rating based on limitation of motion or IVDS criteria.

The VA denied the claim for service connection as the appellant's back disability was not aggravated by his ACDUTRA service. The pre-existing condition of a back injury from a motor vehicle accident prior to ACDUTRA is considered, and it is determined that this condition did not worsen during ACDUTRA.

The Veteran's claims for increased evaluations for his service-connected low back intervertebral disc syndrome, with degenerative arthritis, and right sciatic neuropathy are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's appeal is being remanded for scheduling a videoconference hearing. The TDIU claim remains pending.

The Veteran's claim for service connection for a lumbar spine condition, including herniated nucleus pulposus at L5-S1 on the left with sciatica, is being remanded due to incomplete records and need for additional medical opinion.