Back / lumbar spine decisions — 2011

The Board denied the Veteran's claims for service connection for a low back disorder, right hip disorder, and right lower extremity disorder. The evidence did not establish that these conditions were incurred in or aggravated by her military service.

The Board has reopened the claims of service connection for a back disorder, bilateral knee disorders, and bilateral hip disorders due to new evidence submitted since the last final denial. The Veteran's current conditions are considered significant enough to warrant consideration.

The Board has remanded the case for additional development, including obtaining VA treatment records and attempting to obtain surgical history records.

The Veteran's appeal of the increased rating for status post left knee anterior horn tear and lateral meniscus tear was withdrawn prior to a decision being made. The cases of his lumbar spine and cervical spine disabilities, as well as his headache disability and acquired psychiatric disorder are remanded for further development.

The Board has granted service connection for the Veteran's cervical and lumbar spine disabilities, but denied his claims for increased evaluations and service connection for a penis disability including laceration scars and scars due to poison ivy, as well as Peyronie's disease. The initial evaluations were assigned based on new evidence that reopened the previously denied claims.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claim for an increased rating and TDIU are part of this appeal.

The Veteran's claims for service connection are being remanded to allow for additional development and consideration of all potential theories of entitlement, including aggravation of a pre-existing condition.

The Veteran's claim for an effective date prior to March 12, 1999 for the initial grant of TDIU was granted. The Board found that the April 9, 1992 VA Form 9 constituted an informal claim and determined that the Veteran met the schedular criteria for a total rating based on individual unemployability as of April 9, 1992.

The Veteran seeks service connection for a low back disability, which the Board has remanded due to insufficient medical evidence on the issue.

The Board finds that the evidence is at least in a state of relative equipoise in showing that the Veteran has a current disability manifested by tinnitus due to acoustic trauma during service. Service connection for tinnitus is granted. The claim of service connection for a low back disorder must be remanded as there are outstanding private treatment records and a new VA examination is necessary.

The Board has determined that the Veteran's current lumbar spine strain is causally related to his service-connected right knee disability, and thus granted service connection for this condition. The Board found no evidence of a right ankle disorder in service or since filing the claim.

The Veteran's left ear hearing loss is not service-connected.,Tinnitus was incurred in service and the Veteran's low back disorder was aggravated by military service.

The Veteran's appeal is being remanded to allow for further development of his claim, including a VA examination to assess the current nature and severity of his service-connected lumbar spine disability.

The Board has restored the Veteran's original 40 percent rating for degenerative disc disease L4-L5, effective October 1, 2008.

The Board has granted service connection for low back and left knee disorders, as well as tinnitus. The right ankle disorder claim is denied, and the bilateral hip disorder claim is also denied.

The Veteran's neck disability results in limited forward flexion of the cervical spine, but does not result in muscle spasm or guarding severe enough to cause abnormal gait or spinal contour. Therefore, a rating higher than 10 percent is not warranted.

The Board has granted service connection for a back disorder and a bilateral knee disorder, finding that these conditions are proximately due to or the result of the Veteran's service-connected bilateral calluses.

The Board has determined that the April 2005 rating decision denying service connection for a low back disability is final. New and material evidence received since then does not raise a reasonable possibility of substantiating the claim.

The Board has remanded the case due to missing service medical records and additional evidence submitted by the Veteran. The AMC/RO is instructed to obtain these records and review the claims for service connection.

The Board has determined that the Veteran's low back disorder is proximately due to his service-connected deformity of the feet, including pes planus and bilateral hammertoes.