Back / lumbar spine decisions — 2015

The Veteran's cervical spine disability is rated at 10 percent, and his lumbar spine disability was initially rated at 10 percent prior to August 23, 2011. Both disabilities remain rated as 10 percent disabling.

The Board finds that the Veteran's low back disorder is at least as likely as not related to his active service, including his military duties and injuries sustained during parachute jumps. The evidence supports a finding of service connection for this condition.

The Veteran's appeal is being remanded to the agency of original jurisdiction (AOJ) for scheduling a hearing before a member of the Board at the RO.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disability and finds that new and material evidence has been received. The evidence is at least in equipoise as to whether the Veteran incurred an injury to his back during service and whether his current low back disability is etiologically related to military service.

The Veteran's claim for service connection for right elbow disability, claimed as cellulitis, was denied because there is no current diagnosis of a right elbow disability. The Board found that the evidence did not support a finding of a current disability.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for residuals of a low back injury with compression fracture of L4 and L5 and involvement of L3. The Board finds that the preexisting condition was aggravated by military service.

The case is being remanded due to deficiencies in the Board's analysis regarding the issue of entitlement to a total disability rating based on individual unemployability (TDIU). The Veteran has been unemployed since February 2001 following a cerebrovascular accident, and his service-connected disabilities include degenerative changes of the lumbar spine. The Court found that the issue of TDIU was not properly before the Board at the time of the December 2013 decision.

The Board has remanded the case for further development and a videoconference hearing.

The Veteran's acquired psychiatric disorder, right knee arthritis, and joint disorder are not service-connected as there is no evidence of a nexus to his military service.

The Board has granted service connection for a lumbar spine disability and an initial rating of 10 percent for degenerative changes in the right ring finger.

The Board found that the Veteran's low back disability did not have its onset in active service or for several years thereafter, and it is not proximately due to, the result of, or aggravated by a service-connected left ankle disability. The Board also found that the Veteran's hypertension was not incurred in service, did not manifest to a compensable degree within one year following separation from service, and is not proximately due to, the result of, or aggravated by a service-connected left ankle disability.

The Board found that the Veteran's current cervical spine disorder and headaches are not related to his military service, including his parachute jumps during active duty for training. Therefore, service connection is denied.

The Veteran's claim for an increased rating for her service-connected low back disorder was denied as the evidence did not show that her disability warranted a higher evaluation.

The Veteran's appeal has been withdrawn, and the cases for service connection for psychiatric disability, lumbosacral spine disability, and cervical spine disability are dismissed.

The Veteran seeks service connection for a right ankle disorder and a back disability, which he contends is secondary to his right ankle disorder. The Board finds that further development is needed before these claims can be decided.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected back and neck disabilities.

The Veteran's appeal has been withdrawn, effectively dismissing the case.

The Veteran's appeal is being remanded due to his failure to appear for a Travel Board hearing scheduled in February 2015. The case will be returned to the AOJ for scheduling another hearing.

The Veteran's lumbar spine disorder was found to not meet the criteria for a higher evaluation prior to February 28, 2011. From February 28, 2011, he is in receipt of a 40 percent rating.

The Board found that the Veteran's back condition is service-connected, but denied reopening of his heart condition claim due to lack of new and material evidence.