Back / lumbar spine decisions — 2014

The Board found that the Veteran's current lumbar spine disorder did not have its onset during his military service and is not related to any in-service injury or disease. The preponderance of evidence does not support a finding that the Veteran's current condition is etiologically related to his period of service.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a low back disability. The Veteran should be afforded a VA examination to determine the etiology of all low back disorders present during the period of the claim.

The Board found that the Veteran's low back disability did not manifest during or as a result of active military service and denied his claims for service connection.

The Veteran's service-connected spine and left knee disabilities rendered him unable to secure or maintain substantially gainful employment consistent with his education and work history prior to December 6, 2011.

The Board has granted service connection for hypertension and a respiratory disability, but the low back disability remains in appellate status.

The Board has remanded the case for additional development due to incomplete VA treatment records and potential hospital records from 'Triple A' Army Hospital or Tripler Army Medical Center in Hawaii.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and a new examination of his right-sided radiculopathy. The TDIU claim also requires further medical opinion regarding the impact of service-connected medications on employment.

The Veteran's service-connected disabilities have rendered him incapable of obtaining or maintaining substantially gainful employment, and the Board has granted a TDIU from November 18, 2010.

The Veteran's degenerative arthritis of the thoracolumbar spine was initially rated as noncompensable prior to May 17, 2011. From May 17, 2011 to March 1, 2013, a compensable rating (10%) was granted. After September 1, 2013, the Veteran's condition warranted a higher rating of at least 20%.

The Board has determined that the Veteran's claimed lumbar spine, headache, cervical spine, and acquired psychiatric disabilities are not service-connected.

The Board has remanded the case due to an incomplete record, specifically a missing Form HF-57 related to an in-service injury. The Veteran's claims for service connection are now pending and will be reviewed again after the missing document is located.

The Veteran's claim for an initial rating higher than 10 percent for service-connected degenerative joint disease (DJD) of the lumbar spine is being remanded due to incomplete VA treatment records. The case will be readjudicated after obtaining these records.

The Veteran's dextroscoliosis with thoracic and lumbar degenerative changes has been rated at 20 percent since June 19, 2009. The current rating is based on the General Rating Formula for Diseases and Injuries of the Spine (DCs 5237) due to forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees.

The Veteran's low back, bilateral ankle, and right hip disabilities are not service-connected as they were not incurred or aggravated by active service.,However, the VA examiner opined that these disabilities are secondary to his service-connected right knee disability.

The Board denied service connection for back and neck disorders, finding that the Veteran's conditions were not incurred or aggravated by his military service. The examiner concluded that any current back disorder was less likely caused by service, while a pre-existing neck disorder did not worsen during service.

The Board found that the appellant's chronic thoracolumbar disability and foot disorder were not incurred during his periods of active duty for training (ACDUTRA) in the Army National Guard. The VA medical opinions concluded that these conditions are more likely related to pre-existing conditions or unrelated to service.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded due to the need for additional VA examinations and treatment records.

The Board has remanded the case due to incomplete records and the need for a VA examination. The Veteran's service connection claims for low back, neck, right shoulder, and bilateral hip disabilities are pending.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issues include claims for initial ratings and service connection.

The Veteran's service-connected disabilities, including PTSD with anxiety reaction and other conditions, contributed to his death. The appeal for DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.