Back / lumbar spine decisions — 2014

The Veteran's service-connected low back disability does not meet the criteria for a higher rating as it does not result in unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes of intervertebral disc syndrome.

The Board has determined that the submitted evidence is not new and material, thus denying the Veteran's request to reopen his claim of service connection for a lumbar spine disability.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and development of evidence.

The Board has determined that the Veteran's low back disorder was not incurred in or aggravated by active military service, and arthritis may not be presumed to have been incurred therein. The claims for upper and lower extremity peripheral neuropathy were also denied as there is no evidence of a nexus between these conditions and service.

The Board denied the Veteran's claims of service connection for left ankle, low back, right knee, and right shoulder disorders. The diagnoses were not supported by evidence showing a current disability or a link to service.

The Veteran's appeal for a rating in excess of 60 percent for degenerative disc disease of the lumbar spine has been withdrawn.,The effective date for a temporary total rating for treatment for degenerative disc disease of the lumbar spine requiring convalescence is denied as there are no records showing an increase in severity prior to March 1, 2008.

The Board has determined that the Veteran is entitled to a higher evaluation of 40 percent for his service-connected lumbar spine disability, as it results in forward flexion restricted to 30 degrees or less.

The Board has granted service connection for chronic lumbosacral strain, and as a result, the other diagnoses of spondylolosis, spondylolisthesis, disc space narrowing, and degenerative disc disease (DDD) are also considered to be related to service.

The Board has determined that the Veteran does not have a TBI, cervical spine or thoracolumbar spine disability and therefore, service connection for these conditions cannot be granted.

The Board has determined that the Veteran does not have a chronic bilateral shoulder disability or low back disability that is related to service, and therefore denied both claims for service connection.

The Board has remanded the claims for additional development due to missing VA medical records. The Veteran's service connection claims for low back and upper back disabilities, secondary to his left knee disability, are pending.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current back disability is at least as likely as not service-connected.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The case will be returned to the Board after the hearing.

The Veteran's appeal is being remanded to schedule him for a video conference hearing before a Veterans Law Judge.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the severity of his right knee disability and determine if his lower back disability is related to his service-connected bilateral knee disabilities.

The Veteran's diabetes mellitus, type II, is presumed due to herbicide exposure in Thailand. The Board has granted service connection for this condition.

The Board has decided to remand the case for additional development, including obtaining clarification from the Veteran regarding his treatment and where he received treatment in service. The Veteran is also required to provide information about his current treatment for sciatic nerve issues and lower back pain.

The Veteran's back disability was initially rated at 20 percent prior to June 24, 2011. The evidence did not meet the criteria for a higher rating.

The Veteran meets the schedular criteria for a TDIU and his service-connected disabilities preclude him from securing or following a substantially gainful occupation.

The Board denied the Veteran's claims for service connection for various conditions, finding that there was no evidence of a nexus between any current disability and his active duty service.