Back / lumbar spine decisions — 2014

The Veteran's claims for increased ratings for cervical and thoracolumbar spine degenerative joint disease were denied as the evidence did not meet the criteria for higher ratings under applicable diagnostic codes.

The Board has remanded the case for additional development due to incomplete records and an inadequate opinion regarding the cause of the Veteran's neck, shoulder, and lower spine disorders.

The Board has remanded the issue of TDIU prior to May 4, 2011 for additional development. The Veteran's claim will be reconsidered based on updated information and evidence.

The Board has determined that the Veteran's current low back disability is not related to his military service, including an in-service motor vehicle accident. The claim for service connection was denied.

The Veteran's appeal was dismissed as he withdrew his claim for service connection for diabetes mellitus. The back condition claim was not reopened, and the initial evaluation for coronary artery disease from November 27, 1996 to September 1, 2005 was denied.

The Veteran withdrew their appeal, thus the case is dismissed.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 40 percent, effective from March 1, 2009 to October 6, 2010. The appeal for a higher rating prior to that period remains pending.

The Board found that the Veteran does not have current diagnoses of a right knee or low back disability, and thus denied service connection for these conditions.

The Veteran's service-connected disabilities, when evaluated in association with his educational attainment and occupational experience, preclude all forms of substantially gainful employment.

The Board found that the Veteran's lumbar spine disability is not related to service, and denied his claim. The bilateral leg disability issue was remanded for further development.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for degenerative discs of the back (claimed as a back disability). The Veteran's current claim was denied in August 1977, but with the submission of additional medical evidence, including private treatment records and VA examination reports, the Board finds that new and material evidence has been presented. As such, the claim is reopened.

The Board has granted a 10 percent evaluation for the Veteran's service-connected residual scars on his right ankle, effective from March 3, 1998. The claim for service connection for lumbar spine disorder is addressed in the REMAND portion of this decision.

The Board has determined that the Veteran does not have a current foot condition or low back disability related to his military service and thus, denied both claims for service connection.

The Veteran is seeking to establish service connection for a lumbar spine disability that he believes is secondary to his service-connected bilateral knee disabilities. The Board has determined that an additional examination and opinion are needed to address the issue of secondary service connection.

The Veteran's degenerative disc disease of the cervical spine is found to have its onset during service and is related thereto, granting service connection.

The Veteran's appeal is remanded for additional development of his claims, including obtaining updated VA treatment records and scheduling him for examinations to assess the severity of his spine and knee disabilities.

The Board has remanded the case for further development due to the Veteran's request for a videoconference hearing.

The Board has determined that the Veteran's claims of service connection for Parkinson's disease, right hip disability, right shoulder disability, low back disability (including scoliosis and associated numbness), and bilateral hearing loss have been denied as there is no credible evidence to support his assertions regarding in-service events or injuries. The Veteran's current conditions are not shown to be related to his active service.

The Board has remanded the case to the RO for further development of the issue of service connection for a back disability with right lower extremity radiculopathy.

The Veteran's service-connected lumbar strain is currently rated at 10 percent, effective October 1, 2007. The Board found that the disability picture has remained essentially consistent in severity throughout the appeal period and a uniform rating of 10 percent was warranted.