Back / lumbar spine decisions — 2013

The Veteran's cervical spine disability is rated at 30 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board found no evidence of a current low back disability during service or within one year post-service, and thus denied the claim for service connection.

The Board has ordered additional development to determine the impact of the Veteran's service-connected disabilities on his ability to secure and maintain employment. The case is being remanded for further action.

The Board has determined that the Veteran's pre-existing juvenile epiphysitis was not aggravated by his period of active duty, and thus service connection is granted for lumbar levoscoliosis as a result of this condition. The other lumbar spine conditions are presumed to have been incurred in service.

The Board has reopened the Veteran's claim for service connection for degenerative disc disease, thoracic spine with spondylarthritis and stenosis. A VA examination is needed to determine if any current back conditions are related to military service.

The Board has granted service connection for the residuals of a right shoulder injury, but denied service connection for a low back disorder. The Veteran's right shoulder disability is presumed to be due to an in-service injury, while his low back disorder is not shown to have been incurred or aggravated by service.

The Veteran's service-connected degenerative disc disease of T-9 is currently rated at 20 percent, effective July 31, 2009. The Board finds that the evidence does not support a higher rating for this condition.

The Board found that the October 1952 rating decision contained clear and unmistakable error in failing to assign a 10% disability rating for the Veteran's service-connected low back disability, based on evidence showing characteristic pain on motion. The effective date is set at August 22, 1952.

The Veteran's service-connected disabilities, including his back disability and prostate cancer, did not render him unemployable prior to May 1, 1997. The effective date for TDIU and DEA benefits is set at May 1, 1997.

The Veteran's lumbar spine disability is rated at 20 percent, effective from the date of the June 2009 rating decision. He also received separate ratings for right and left sciatic nerve impairment.

The Board has remanded the Veteran's claim for TMJ due to new evidence and a need for clarification on whether his symptoms are related to service or a congenital defect. The lumbar spine disability claim was previously granted.

The Veteran's claim for service connection for a low back disability is denied as there is no credible evidence of a current low back disability or any link to his military service.

The Board has determined that the Veteran's cervical spine disability, including degenerative disc disease and mild degenerative joint disease, is not caused or aggravated by his service-connected right knee disability. Therefore, the claim for secondary service connection is denied.

The Board has determined that the Veteran's right knee and low back disabilities are not service-connected, as they are not at least as likely as not caused or aggravated by his service-connected left knee disability.

The Board has remanded the case for further development due to non-compliance with prior remand directives.

The VA examiners found that the Veteran's low back disability and calcaneal spurs were not caused or aggravated by his service-connected bilateral knee disabilities.

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for a back disorder.

The Board has reopened the claim of service connection for a left knee disorder and granted it. The Veteran's contentions, along with VA treatment records, private medical records, SSA records, and his testimony at hearings, have been considered in determining that there is new and material evidence to reopen the claim.

The Board has determined that further development is needed to obtain the appellant's missing service treatment records and his service personnel records, as well as to clarify the dates of any back injury in service. The appellant will also be scheduled for VA examinations to determine the nature and etiology of his skin and respiratory disabilities.

The Board found no credible evidence of a neck injury in service, and thus denied the Veteran's claim for service connection for his cervical spine disability. The low back disability claim was reopened due to new evidence suggesting it may have preexisted service.