Back / lumbar spine decisions — 2013

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and scheduling VA examinations to address the issues of service connection for a psychiatric disorder and an increased rating for his lumbar spine disability.

The Veteran's claim for an increased rating for her service-connected lumbosacral strain is being remanded due to the need for additional medical examination and records.

The Board has remanded the case due to the need for additional development, including obtaining service treatment records and an official copy of the Veteran's Form DD-214.

The Veteran's appeal for secondary service connection for a chronic back disorder, to include IVDS of the lumbar spine, as secondary to his service-connected knee conditions is being remanded due to inadequate medical examination and need for further development.

The Veteran's cervical spine disability is rated at 30 percent, effective from the date of this decision. The lumbosacral spine disability remains at a 10 percent rating prior to December 1, 2011 and at a 20 percent rating thereafter. Separate 10 percent ratings are assigned for right and left circumflex nerve paralysis.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a new opinion on the relationship between his diabetes and back condition. His TDIU claim will also be remanded to obtain an examination that considers the combined impact of all service-connected disabilities.

The Board has remanded the case for additional development due to procedural issues and the Veteran's request for a Travel Board hearing.

The Board has determined that the Veteran's service connection claim for lumbar spine degenerative disc disease is granted, as there is an approximate balance of positive and negative evidence in favor of the claim.

The Board has found that further development is needed for VA to fulfill its duties under the VCAA, including obtaining SSA and Workers' Compensation records, as well as private treatment records. The Veteran's service connection claims are remanded for additional examinations.

The Board found that the Veteran's current low back disability did not manifest during service or within a year of discharge, and thus could not be presumed to have been incurred in service. The VA examiner concluded that the Veteran's current degenerative joint disease is more likely due to post-service injuries rather than his military service.

The Veteran's service-connected vestibular dysfunction of the inner ear is rated at 30 percent, effective November 7, 2011. The Board finds that his daily dizziness and occasional blackouts meet the criteria for a 30 percent rating under Diagnostic Code 6204.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of his back disability and joint condition.

The Board denied the Veteran's claims for service connection for a herniated disk, claimed as chronic low back pain; residuals of an appendectomy; and residuals of rheumatic fever. The evidence did not establish that these conditions were incurred or aggravated by military service.

The Board has denied the Veteran's claims for service connection of a lumbar spine disorder, left knee disorder, and circulatory problem of the right foot as secondary to his service-connected right great toe disability. The evidence submitted since the previous denial does not provide new or material evidence to support these claims.

The Board has determined that the Veteran's low back condition, including degenerative disc disease of the lumbar spine with foraminal and mild canal stenosis at L5-S1 and right S1 radiculopathy, is proximately related to or the result of his service-connected residuals of a right ankle sprain. As such, service connection for this condition has been granted.

The Board has determined that a VA examination is needed to determine the current diagnoses of the Veteran's bilateral foot disorders and whether they are related to service. The low back disorder issue is inextricably intertwined with the bilateral flat feet issue, so it must also be remanded.

The Board has remanded the case for a Travel Board hearing to address whether new and material evidence has been received to reopen the claim of service connection for a lumbar spine disability.

The Veteran's appeal is being remanded to obtain additional VA treatment records, SSA records, and a VA examination. The issues of service connection for residuals of a neck and head injury with pain and headaches, respiratory disability, liver disorder, and PTSD are also being remanded.

The Board has remanded the case due to complex medical and factual issues, including inconsistencies in reports of onset and circumstances for various back injuries over many years. The Veteran's claim is being reviewed again with additional development required.

The Board has decided to remand the case for additional development, including scheduling a VA examination and obtaining complete Army National Guard records.