Back / lumbar spine decisions — 2014

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's lumbar spine degenerative disc disease and respiratory disability, as well as whether he was exposed to any hazardous materials during service.

The Board has withdrawn the appeal on the issue of lumbar spine degenerative disc disease. The Veteran's chronic lung disability (idiopathic pulmonary fibrosis) was not incurred in or aggravated by active service, and is not presumed to be related to his herbicide exposure.

The Board has determined that the Veteran's right knee disability is related to an injury during active duty in the Army and was aggravated by another injury during a subsequent period of ACDUTRA. Service connection for this condition is granted.

The Veteran's low back strain was incurred in service, and the Board has granted service connection for this condition. The cervical spine disability issue is being remanded due to a lack of National Guard records.

The Veteran's appeal is being remanded to schedule a new Videoconference hearing before a Veterans Law Judge due to his failure to report for the scheduled hearing and allegations of good cause.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions regarding his claimed conditions, as well as a review of his metatarsalgia claim.

The Veteran's service-connected lumbar spine disability is rated at 40% since November 15, 2012. The Board has jurisdiction to determine whether entitlement to a TDIU on an extraschedular basis is warranted due to the Veteran's service-connected lumbar spine disability.

The Veteran's claim for increased ratings for his lumbosacral strain prior to September 24, 2012 was denied as the evidence did not show that his disability warranted a rating in excess of 10 percent.

The Veteran's appeal is being remanded due to the need for additional VA examinations and records.

The Board found no evidence of a low back disability in service or for many years thereafter, and the Veteran's current low back disability is not related to his active service.,There was also no evidence linking the Veteran's GERD to his active service. The Board concluded that the Veteran's GERD is not related to any service-connected condition.

The Board has decided to remand the case due to a lack of supporting documentation from Social Security Administration (SSA) regarding the Veteran's lumbar spine disability. The SSA decision is fully favorable but no medical records are included.

The Board has determined that the Veteran does not meet the criteria for service connection for left wrist arthritis or low back arthritis on a direct basis due to lack of continuity of symptomatology since service separation. The claim is denied.

The Veteran's appeal is being remanded due to the need for further development, including rescheduling a videoconference hearing. The claim of service connection for major depressive disorder with psychotic features, secondary to service-connected lumbar strain, will be reconsidered.

The Board has determined that the Veteran's low back and left foot conditions were incurred during her active duty service.,The Veteran's bunion deformity was clearly and unmistakably preexisting, but not aggravated by her second period of active duty.

The Veteran's lumbar spine disability was rated as 10 percent prior to November 9, 2012 and increased to 20 percent beginning on that date.,The Veteran's radiculopathy of the left lower extremity was rated as 10 percent throughout the appeal period.

The Veteran's claims for increased ratings for his lumbar and cervical spine disabilities were denied. The Board found that the evidence did not meet the criteria for a higher rating at any point during the appeal period.

The Veteran's claims for service connection of back and knee disorders, as well as his claim for a sleep disorder secondary to a service-connected disability are being remanded due to the need for additional development. The Board will provide VA examinations for these issues.

The Board found that the Veteran's cervical and lumbar spine disorders are not proximately due to or a result of any service-connected disability, including his bilateral pes planus.

The Board found that the Veteran does not have a chronic low back disability that was incurred or aggravated by service, and therefore denied his claim for service connection.

The Veteran's low back disability is currently rated at 20 percent, the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating based on additional limitation of motion due to pain or other factors.