Back / lumbar spine decisions — 2013

The Veteran's claim for non-service-connected disability pension benefits was granted effective June 15, 2006. The Board found that the Veteran did not meet the criteria for an earlier effective date due to his employment status and medical conditions.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging a VA examination to assess the current severity of his cervical and lumbar spine disabilities.

The Veteran's lumbar strain disability has been rated at 20 percent since July 30, 2012. The Board finds that the evidence does not support a higher rating for any period.

The Veteran's claim for an earlier effective date for a 40% evaluation for lumbosacral strain and degenerative joint disease of the lumbar spine was denied as there is no evidence showing that his disability warranted such a rating prior to July 26, 2007.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the etiology and severity of the Veteran's right shoulder and low back disabilities, as well as his cervical spine disability. The issues are being returned for further development.

The Board has granted service connection for a lumbar spine disability and a right lower extremity neurological disability of the lateral and sural femoral cutaneous nerves, both secondary to service-connected thoracic disability. The effective date is set at October 30, 2007.

The Veteran's lumbar spine strain has been rated at 20 percent since July 31, 2009. The Board found that the evidence does not support a higher rating as there is no ankylosis or incapacitating episodes due to intervertebral disc syndrome (IVDS).

The Board has granted service connection for tinnitus and hemorrhoids, finding that the Veteran's conditions are related to his period of active service. Service connection for a low back disorder is remanded as further examination is needed.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and issuing a statement of the case on his claims.

The Veteran's appeal is being remanded to obtain additional medical records from SSA and any workers compensation authority, as well as private treatment records. The issue of entitlement to an evaluation in excess of 20 percent for degenerative disc disease and degenerative joint disease of the lumbar spine with right L-2 radiculopathy will be reconsidered after these records are obtained.

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

The Veteran's lumbar DDD was granted a 40% evaluation effective October 14, 2008. He also received a separate 10% rating for left leg radiculopathy effective July 2, 2009.

The Veteran's appeal is remanded due to the need for a VA spine examination to determine the nature and etiology of any current cervical, thoracic, and lumbar disability. The examiner should provide an opinion as to whether it is more likely than not that his back disability had its clinical onset during service or if related to in-service disease, event, or injury.

The Veteran's low back strain has not resulted in unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome, and thus does not warrant a rating higher than the current 40 percent.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess his employability due to service-connected disabilities.

The Veteran's claim for a compensable evaluation for his service-connected lumbar strain has been denied as the disability does not meet the criteria for any higher rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Board denied service connection for left knee disorder and lumbar disc disease as secondary to service-connected right knee disability in June 2007, finding that the preponderance of evidence did not support a nexus between these conditions and the service-connected right knee disability.,In July 2012, the RO reopened both claims but denied them on the merits.

The Board has determined that the Veteran's psychiatric disability, including an obsessive compulsive disorder, is related to his active service and grants service connection for this condition. The issue of service connection for a back disability remains pending.

The Veteran's claims for service connection for pseudofolliculitis barbae, hearing loss, and headaches have been denied as new and material evidence has not been submitted.,Service connection for an acquired psychiatric disorder is reopened based on the submission of new and material evidence. The remaining issues remain denied.,The Veteran's claims for service connection for tinnitus, a low back disorder, bilateral tinea pedis, and tinea cruris have no in-service disease or injury to which they may be related.

The Veteran's low back disability, diagnosed as degenerative arthritis of the lumbar spine, is found to be etiologically related to his military service.