Back / lumbar spine decisions — 2011

The Board has restored the Veteran's original 40 percent rating for his degenerative joint disease of the thoracolumbar spine with disc herniation, effective December 1, 2007. The Veteran's disability is currently rated as 40 percent disabling.

The Board has determined that the Veteran's current low back disability was incurred in, or caused by, his active service. The issue of entitlement to service connection for residuals of right ankle traumatic arthritis is addressed in the REMAND portion of this decision.

The Board denied the Veteran's claims for service connection for various conditions, including scoliosis, a low back disability, bilateral foot and leg disability, an acquired psychiatric disorder to include PTSD, migraines, bilateral hearing loss disability, and tinnitus. The decision found that these conditions were not incurred or aggravated by service.

The Board has remanded the case for additional development, including obtaining private medical records and scheduling a VA examination to determine if the Veteran's post-service injury could have aggravated an in-service injury.

The Board has granted the Veteran's claim of entitlement to service connection for osteoporosis, finding that his current condition is related to his active duty service aboard submarines where he had limited sunlight exposure and limited exercise opportunities.

The Board has determined that the Veteran's low back, cervical spine, and right knee disabilities are related to his active duty service.

The Board has determined that the reduction from a 20 percent rating to a 10 percent rating for low back strain was proper and that a higher rating is not warranted.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling a hearing at the RO. The Veteran's PTSD claim will also require a new examination.

The Board has granted the Veteran's request to reopen his claim for service connection for a low back disorder and found that new and material evidence has been received. The case is now remanded for further development, including a VA examination.

The Veteran's appeal was dismissed due to his death, and no final decision has been made on any of the issues raised.

The Veteran's claim for a higher rating for his service-connected back disability has been denied as the evidence does not show that forward flexion is limited to 30 degrees or less, and there is no neurologic impairment associated with the condition.

The Board found that the medical evidence does not support a finding of service connection for lumbar myositis and lumbar discogenic disease, as there is no chronic disability noted during or within one year after service. The Veteran's current conditions are deemed to be unrelated to his military service.

The Board has remanded the case due to incomplete records and the need for additional examinations.

The Board has remanded the case for further development due to inadequate examination reports and need for a clarifying opinion regarding whether the appellant had a low back disorder in service that was separate and distinct from his coccyx.

The Veteran's claim for an increased rating for his low back disability remains before the Board after remand from the Court. The case is now being referred to the RO for additional development and adjudication.

The Board has remanded the case due to incomplete development and need for additional examination. The appellant's claims will be reconsidered after these actions.

The Board has determined that the Veteran's current low back disorder is etiologically linked to his active duty service, and thus grants entitlement to service connection for a low back disability.

The Veteran's claims for increased ratings for lumbosacral strain are being remanded due to the need for additional development, including obtaining private treatment records and arranging for a VA spine examination.

The Board has determined that additional development is needed to properly address the Veteran's claims, including obtaining medical opinions regarding his psychiatric and spine conditions.

The Veteran's bilateral hearing loss was rated at 10 percent prior to October 1, 2010 and increased to 30 percent as of that date. Service connection for lumbar spine degenerative changes and actinic keratosis were granted.