Back / lumbar spine decisions — 2014

The Veteran's low back disorder is currently rated at 20 percent, effective January 8, 2008. The rating reflects the severity of his symptoms and functional impairment.

The Veteran's intervertebral disc syndrome of the lumbar spine, status post laminectomy, is currently rated at 20 percent from May 1, 2007 to January 9, 2009. Since then, it has been rated at 10 percent until October 30, 2012, and again at 20 percent since November 1, 2012.

The Board has granted the Veteran's claim of entitlement to service connection for a low back disability, finding that it is not related to active duty service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA medical opinions and records.

The Board has remanded the case for additional development, including obtaining VA Vocational Rehabilitation records and providing a medical opinion regarding the nature and etiology of the Veteran's low back disability.

The Board has denied the appellant's claims of service connection for various conditions, including meningitis, heart disability, kidney disability, lung disability, back disability, brain damage, and emotional and behavioral problems. The appeal is based on the merits of these claims.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for right knee and lumbar spine disabilities, as the preponderance of the evidence does not establish a relationship between these conditions and his military service.

The Board has remanded the case due to new evidence submitted by the Veteran, which includes a letter from the Department of the Army verifying his involvement in a helicopter crash during active service. The VA examiner's opinion is inadequate as it relied on an inaccurate factual predicate.

The Board has remanded the case due to inadequate examination and further evaluation is needed to determine if the Veteran's back disability, including mild lumbar spondylosis, is related to service or his service-connected diabetes mellitus.

The Veteran's low back strain with degenerative arthritis is currently rated at 20 percent, effective December 2, 2013. The Board has found that the current rating adequately reflects his disability.

The Board has directed that the claims for service connection and initial disability ratings be remanded due to incomplete records from a private doctor. The Veteran's hearing loss, right upper chest/shoulder scar, and nerve/muscle disorder of the right upper extremity are still under consideration.

The Board found that the Veteran's lumbar spine disability was not incurred in or aggravated by service, may not be presumed to have been so incurred, and is not secondary to service-connected CAD.

The Veteran's appeal is remanded for further development, including a new examination to assess his ability to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's claims for skin moles, eye disorder, prostate disorder, bilateral flat feet, acne disorder, hepatitis A, low back disorder, vocal cord nodes, and bilateral knee disorder were all denied. The RO determined that new and material evidence had not been submitted to reopen the claims for hepatitis A, low back disorder, vocal cord nodes, and bilateral knee disorder.

The Veteran's appeal is being remanded for additional development. The issues of service connection for bilateral hearing loss, chronic lumbar strain, and right knee strain are currently under review.

The Veteran's appeal is being remanded for further development, including verification of stressors and examination to determine the nature and severity of his service-connected conditions.

The Veteran's appeal is remanded to determine if his service-connected disabilities, including lumbar spine and cervical spine conditions, diabetes mellitus, and compression fracture of T-7, preclude him from securing or following a substantially gainful occupation. The claim will also be considered for extraschedular TDIU under 38 C.F.R. § 4.16(b).

The Veteran's claims for service connection for bilateral arm numbness, back disability, and irritable bowel syndrome were denied as there was no evidence of in-service incurrence or aggravation of these conditions. The claim for right shoulder disability was not reopened due to the dishonorable discharge during his period of active service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA disability benefits documentation. The case will be readjudicated after these actions.

The Board has reopened the Veteran's claim for service connection for an undiagnosed illness (involving joints) and granted it. The low back disorder is also considered, but no rating assigned as there was no final denial of this issue.