Back / lumbar spine decisions — 2014

The Board has determined that additional development is needed to determine the Veteran's periods of active duty, ACDUTRA and INACDUTRA service. The Veteran's claims for psychiatric, thoracolumbar spine, cervical spine, bilateral shoulder, headache and respiratory disorders are remanded for further examination and opinion.

The Veteran's claims for service connection and NSC pension benefits are being remanded due to the need for additional evidence, including SSA records and private treatment records.

The Board has reopened the Veteran's claim for service connection for residuals of a back injury and finds that new and material evidence has been received. The Veteran's minimal degenerative disc disease (DDD) of the lumbar spine is found to be related to his in-service injury during ACDUTRA.

The Veteran's lumbar spine strain was not found to warrant a higher rating from June 29, 2007 to March 23, 2011. From March 24, 2011, the disability did not meet criteria for a higher rating.

The Veteran's service-connected lumbar strain disability has not manifested unfavorable ankylosis of the spine or intervertebral disc syndrome requiring physician prescribed bed rest for incapacitating episodes having a total duration of at least six weeks. Therefore, the claim for a higher initial rating is denied.

The Veteran's service-connected conditions do not prevent him from obtaining and maintaining substantially gainful employment, as the VA examiners found that his disabilities allow for sedentary work.

The Veteran's lumbar strain has resulted in reduced range of motion, but not severe enough to warrant a higher rating. The current disability does not meet the criteria for an increased rating.

The Board has granted service connection for a low back disorder, determined to be direct service-connected based on evidence of record.

The Veteran's appeal is being remanded for further development, including new VA examinations to determine the nature and likely etiology of her back disorder, bilateral knee/leg disability, and foot disorders. The AOJ will then readjudicate the claim in light of all evidence.

The Veteran does not have a current low back disability and the issue of service connection for this condition is denied.,The Veteran's left foot disability was not incurred in or aggravated by active service, and the claim is therefore denied.

The Board finds that the Veteran's current right knee osteoarthritis, hypertension, cervical and lumbar spine arthritis, degenerative disc disease, and stenosis are related to service exposure to herbicides. The claims for service connection are granted.

The Board found that the Veteran's low back and left knee disabilities were not incurred or aggravated by service, as there was no evidence of a pre-existing condition noted at entry into service and insufficient medical evidence to establish a nexus between current disability and service.

The Board denied the Veteran's claims for service connection for DJD of the lumbar, thoracic, and cervical spine. The Board found that there was no evidence to support a finding that these conditions were incurred in or aggravated by service.

The Veteran's claim for a higher initial rating for his low back disability was granted, with the effective date being September 5, 2013.

The Board denied the Veteran's claims for higher ratings for his service-connected cervical and lumbar spine disabilities, finding that they did not meet the criteria for a rating in excess of 10 percent.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to assess his service-connected disabilities.

The Board found that the Veteran's low back disability was not incurred or aggravated as a result of active service and is not shown to have developed as a result of service. The TDIU issue remains pending.

The Veteran's back condition and arthritis are not service-connected as there is no evidence of a disease or injury incurred in service, nor any relationship between the current conditions and service.

The Veteran's request for a hearing has been addressed, and the case is being remanded due to his relocation. The service connection issue remains pending.

The Board has determined that the Veteran's current back disability is related to his active duty service, granting his claim for service connection.