Back / lumbar spine decisions — 2013

The Board denied the Veteran's claim for service connection for degenerative disc and joint disease, lumbar back, with history of disc herniation, status post L5-S1 diskectomy. The decision is based on a direct service connection theory without any mention of exposure to specific hazards.

The Board has ordered additional development to determine if the Veteran's October 2004 injury aggravated his pre-existing degenerative disc disease of the lumbar spine, and whether he developed any additional disability as a result.

The Board has remanded the case due to incomplete development of records from Espiritu Santo, New Hebrides. The Veteran's claims for service connection for lumbar spine and left hip disabilities are pending.

The Board found that the Veteran was capable of sedentary employment prior to March 16, 2011 and denied his claim for a TDIU.

The Board denied the Veteran's claim for service connection for a chronic orthopedic disorder of his left knee, finding no evidence to support a relationship between his current condition and his active service or his service-connected right knee disability. The issue regarding service connection for a chronic lumbar spine disorder was remanded.

The Board has determined that additional development is needed to properly assess the Veteran's claims, including for a VA examination and adjudication of the TDIU claim.

The Board finds that the Veteran's low back disorder did not manifest during or as a result of active military service, nor is it secondary to his service-connected neuropathy of the right common peroneal nerve. Therefore, service connection for this condition cannot be established.

The Board has reopened the Veteran's claim for service connection for a back disorder and granted it, finding that there is sufficient evidence to support the conclusion that his pre-existing condition was aggravated by military service.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the provision of his complete VA treatment records from August 2005 to present.

The Veteran's death was not due to any service-connected disability, and the cause of his death (respiratory distress syndrome) is not presumed to be related to exposure to herbicide agents.,The Veteran did not have a total service-connected disability rating at the time of his death.

The Board found that the Veteran's current low back disability is not related to his service, and thus denied his claim for service connection.

The Veteran's claims for service connection for right and left shoulder disabilities have been reopened, but the claim for an increased rating for his lower back disability has been denied.,The Veteran's lower back disability is rated at 10 percent prior to June 13, 2011, and at 40 percent since that date.

The Veteran's low back disorder was rated at 20 percent prior to December 1, 2011. As of December 1, 2011, the rating for his thoracolumbar spine condition increased to 30 percent due to more severe limitation of motion. Service connection for a mixed demyelinating/axonal degeneration sensorimotor polyneuropathy was granted.

The Board has granted service connection for the Veteran's back disorder, finding that it is proximately due to his service-connected generalized anxiety disorder and panic disorder with agoraphobia.

The Veteran's low back disorder is currently rated at 40 percent, but does not meet the criteria for a higher evaluation due to lack of ankylosis or incapacitating episodes.,Right leg weakness is currently rated at 10 percent and does not warrant a higher rating based on severity.

The Board has determined that the Veteran does not have a diagnosed shoulder disorder and his bilateral shoulder pain is a manifestation of his cervical spine disorder. Service connection for a back disability was granted, but service connection for a neck and shoulder disability (secondary to the back disability) was denied.

The VA determined that the Veteran's degenerative arthritis of the lumbar spine did not meet or approximate the criteria for a higher evaluation, as his range of motion was within the limits specified for a 10 percent rating.

The Veteran's appeal has been remanded for additional development of his claims, including obtaining relevant medical records and attempting to obtain service treatment records from the Saigon military hospital. The Veteran is also advised that he may need to provide evidence linking his lumbar spine disability to Agent Orange exposure.

The Board has determined that additional development is required to determine the etiology of the Veteran's low back disability and whether it is related to service. The case will be remanded for a VA examination.

The Veteran's claims for increased ratings and service connection were denied. The claim for TDIU was granted.