Back / lumbar spine decisions — 2011

The Veteran's appeal is being remanded to the RO for additional development, including a VA examination and obtaining all pertinent treatment records since September 2009. The case will be returned to the Board for further consideration.

The Board has determined that a VA examination is needed to determine if the Veteran's current low back disorders are related to his inservice injury. The case will be remanded for this purpose.

The Veteran's appeal is remanded for further development, including obtaining updated treatment records and a VA examination to assess the severity of his bilateral pes planus and whether his lumbar spine disorder is related to or aggravated by his service-connected bilateral pes planus.

The Veteran's service-connected cervical spine disability is currently rated at 20 percent, and his lumbar spine disability is rated at 10 percent. The Board finds that the current ratings adequately reflect the severity of these disabilities.

The Board denied service connection for a low back disability and an acquired psychiatric disability other than PTSD, including as due to a low back disability. The Veteran's claims were based on her in-service experiences, but the VA opinion found no credible evidence supporting these assertions.

The Board finds that the Veteran is not in need of regular aid and attendance or permanently housebound due to his service-connected disabilities, and thus, does not meet the criteria for special monthly compensation based on the need for regular aid and attendance, or by reason of being permanently housebound.

The Veteran's appeal is being remanded for additional examinations and development of his claims, including obtaining medical records from a prior hospitalization.

The Board has determined that the Veteran's back disability is causally related to his service-connected bilateral pes planus, and therefore grants service connection for a back disability.

The Veteran's lumbar spine disability, diagnosed as IVDS, does not meet the criteria for a higher initial evaluation under the amended schedule for rating spine disabilities. The evidence shows no incapacitating episodes or other findings warranting an increased rating.

The Veteran's disability rating for degenerative disc disease of the lumbar spine was granted at a 20 percent level, which is higher than the initially assigned 10 percent. The effective date for this decision has not been specified.

The Veteran's low back disability resulted in limited range of motion, but did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's cervical and thoracolumbar spine disabilities have been rated at 20 percent since the date of service connection, based on their impact on range of motion.

The Board denied the Veteran's claims for increased ratings and service connection, as well as his claim for a TDIU prior to February 7, 2009. The decision also remanded several issues related to the Veteran's back disability.

The Board has determined that the Veteran's current bilateral hearing loss is related to exposure to acoustic trauma during his active duty service. The claims for tinnitus, low back disability, and bilateral knee disabilities are denied as there is no evidence of such conditions in service or within one year post-service.

The Veteran's claim for TDIU is being remanded due to the need for additional medical records and examinations. The issue of service connection for a psychiatric disability, specifically including pain intolerance, must also be adjudicated in compliance with the Board's April 2010 remand order.

The Board has determined that there is a nexus between the Veteran's current lumbar spine disability and his service, granting his claim for service connection.

The Board has granted service connection for tinnitus, but denied the remaining issues of bilateral hearing loss, right hip condition, and low back condition. The case is remanded to obtain additional medical opinions regarding these claims.

The Board has ordered additional development to gather medical records and conduct examinations for the Veteran's service connection claims.

The Veteran's appeal is being remanded for additional development to address the claims of service connection for a skin disorder, degenerative joint disease of the cervical spine with radiculopathy (claimed as peripheral neuropathy), and degenerative joint disease of the lumbar spine. The VA will provide an orthopedic examination and dermatological examination to determine if these conditions are related to his military service.

The Board has remanded the case due to inadequate evidence and the need for a new VA examination.