Back / lumbar spine decisions — 2014

The Board has found that new and material evidence has been received to reopen the Veteran's claim for service connection for a low back disorder, including degenerative disc disease of the lumbar spine. The Board also finds that there is sufficient evidence to establish a nexus between the Veteran's current low back disorders and his active service.

The Veteran's depressive disorder is found to be aggravated by his service-connected lumbar back strain with degenerative disc disease. His TDIU claim and evaluation for low back disability are pending.

The Board found that the cause of the Veteran's death, acute myelogenous leukemia, was not caused by or related to service or a service-connected disability. The appellant's argument for service connection based on exposure to herbicides and secondary to prostate cancer were not supported.

The Veteran withdrew his claim of entitlement to a rating greater than 20 percent for lumbar disc disease.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining a secondary service connection opinion for sleep apnea and issuing a statement of the case regarding his claims.

The Board has remanded the case for a VA examination to determine the etiology of the Veteran's back disability and for obtaining outstanding VA treatment records. The claim will be readjudicated based on all evidence.

The Board has remanded the case for further development, including obtaining Social Security Administration records and issuing a Statement of the Case on the issue of an earlier effective date for lumbar degenerative disc disease.

The Board has determined that the Veteran's lumbar sprain, degenerative disc disease (DDD), and spondylosis with sciatica are related to service. The remaining issues of entitlement to service connection for a bilateral foot disorder, glaucoma, residuals of tubal ligation, and an acquired psychiatric disorder are remanded.

The Board has reopened the Veteran's claim of service connection for low back disability and determined that new and material evidence has been received. The Board also found that the Veteran's current lumbar degenerative disc disease is related to his military service.

The Veteran's service-connected disabilities render him unable to care for his daily needs without requiring the regular aid and attendance of another person, warranting special monthly compensation based on the need for aid and attendance.

The Veteran's lumbar spine condition is not due to VA negligence or error, and the claim for compensation under 38 U.S.C.A. § 1151 has been denied.

The Veteran's unauthorized medical expenses incurred on March 24, 2011 for a service-connected low back disability are granted as the care was rendered in a medical emergency of such nature that delay would have been hazardous to life or health.

The Board found that there was no evidence of a back injury during service and insufficient medical opinion to establish a link between the current low back disability and service. The claim for service connection is denied.

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

The Veteran's lumbar spine disability is currently rated at 40 percent, effective October 30, 2012. The Board finds that the evidence does not support a higher rating prior to this date.

The Veteran's low back disorder is not service connected, and his depression with chronic pain syndrome is presumed due to a service-connected right hip stress fracture. The Board finds that the Veteran does not meet the criteria for TDIU based on either condition.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

For the period prior to July 28, 2012, the Veteran's low back disorder was manifested by pain with occasional flare-ups aggravated by physical activity such as long periods of standing, walking, lifting, bending, and twisting. The disability resulted in limitation of motion approximating forward flexion of the thoracolumbar spine greater than 30 degrees.,For the period since July 28, 2012, the Veteran's low back disorder has been manifested by pain with occasional flare-ups aggravated by physical activity such as long periods of standing, walking, lifting, bending, and twisting. The disability resulted in limitation of motion approximating forward flexion of the thoracolumbar spine to 30 degrees at worst.

The Board has reopened the Veteran's claim for service connection of a right shoulder disability and granted it. The spine condition is also found to be related to service.

The Board has granted service connection for left hip osteoarthritis, trochanteric bursitis, and total hip replacement residuals; right hip osteoarthritis; and lumbar spine degenerative disc disease with laminectomy residuals. These conditions are found to be related to the Veteran's service-connected right foot and left foot disabilities.