Back / lumbar spine decisions — 2014

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 40 percent, effective from May 16, 2007. The Board has granted a higher rating.

The Board has remanded the claims of service connection for a low back disability, neuropathy to include sciatica of the lower extremities, and a psychiatric disorder due to new and material evidence presented by the Veteran.

The Veteran's claims for increased ratings for cervical spine disability and bilateral hearing loss were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claim for service connection for recurrent dislocation of the left knee, acquired psychiatric disorder, lumbar spine disorder, and sciatica is granted due to aggravation by service. The claims for an acquired psychiatric disorder, lumbar spine disorder, and sciatica are remanded.

The Board has reopened the Veteran's claim for service connection for a low back disability and granted it, finding that there is sufficient evidence to establish a current disability, in-service injury, and link between the two.

The Veteran withdrew his appeal for the issues of entitlement to service connection for a bilateral thumb disorder, a right middle finger disorder, and a left shoulder disorder prior to the Board's decision.

The Board denied the Veteran's request for an increased rating for his lumbar spine disability and did not address the issue of reopening his claim for service connection for hearing loss.

The Veteran's neck pain was not service connected as secondary to her low back disability. The Board also denied an increased rating for her low back disability and the issue of TDIU.

The Board has determined that there are no current disabilities related to the Veteran's claimed respiratory disorder, lower back disorder, peripheral neuropathy, right ankle disorder, or left ankle disorder. As such, service connection is denied for all issues on appeal.

The Veteran's lumbar strain and left sciatic nerve conditions have been rated as appropriate, but his COPD does not meet the criteria for a higher evaluation.

The Veteran's appeal is being remanded to the RO for scheduling a video conference hearing at the Louisville, Kentucky Regional Office.

The Board has determined that the appellant's claimed back disability and hypertension are not service-connected, as there is no evidence of injury or disease incurred during active duty for training. The appellant does not meet the basic eligibility criteria for VA pension benefits due to lack of qualifying wartime service.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and VA treatment records.

The Board has granted service connection for a back disability, left knee disability, and residuals of shrapnel wounds as they are related to the Veteran's active service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical opinions and verifying a claimed in-service stressor. The issues of service connection for an acquired psychiatric disorder (including PTSD) and rating for lumbar strain are pending.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection of his bilateral hip and lumbar spine disabilities. The case will be returned to the RO for further action.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's low back disorders, including degenerative disc disease and degenerative joint disease. The case will be returned for further development.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records, scheduling a VA examination, and readjudicating the claims of service connection for thoracolumbar and right leg disorders.

The Veteran's lumbar spine disability was rated as 20 percent disabling prior to October 6, 2011. The Board found that the evidence did not support a higher rating based on limitation of motion or other symptoms.

The Board found that the appellant's low back disability did not pre-exist his period of active duty training (ACDUTRA) and was not aggravated by service. The examiner concluded that the current low back condition is more likely related to a motor vehicle accident after separation from service.