Back / lumbar spine decisions — 2012

The Board denied the Veteran's claims of service connection for bilateral hearing loss, low back disorder, hypertension, and tinnitus due to lack of current disabilities. The claim for residuals of exposure to hydrazine was also denied as there were no current residual effects.

The Board found that severance of service connection for degenerative disc disease of the lumbar spine was not proper, and thus restored service connection.

The Veteran's appeal is being remanded for additional development, including a VA examination to reassess the severity of his service-connected left and right knee disabilities and low back disability.

The Board has remanded the case for obtaining SSA records and medical records associated with those records.

The Veteran's claim for service connection for PTSD was withdrawn by the Veteran prior to a decision being made.,Service connection is granted for an acquired psychiatric disorder other than PTSD, including depression, as it is linked to military service.,New and material evidence has been submitted to reopen the claim of service connection for a back disability. The claim is therefore reopened.,Service connection is granted for a back disability as it was incurred in military service.,The Veteran's lung disability claim is addressed in the REMAND portion of this decision.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and Social Security Administration records. The Veteran's psychiatric disability claims will be evaluated with a VA examination.

The Veteran's appeals have been dismissed as he has withdrawn all pending appeals before the Board.

The Veteran's tinnitus is service-connected, and his hypertension (HTN) is not secondary to PTSD. The low back disorder claim was denied as there is no current diagnosis.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance (A&A) is being remanded due to a lack of recent VA treatment records, an incomplete VA examination, and the need to address whether she requires A&A or is permanently bedridden.

The Veteran's claim for service connection of a back disability is being remanded due to the need for an examination and additional development, including obtaining SSA records.

The Board has decided to remand the case due to the need for additional medical examination and opinion regarding the relationship between the Veteran's current low back disorder and his military service.

The Board has reopened the claim of service connection for residuals of a low back injury and finds that new and material evidence has been received. The Veteran's low back disability is presumed to have had its onset in service or is otherwise related to service, including a claimed injury sustained while on active duty.

The Veteran's appeal has been withdrawn by the appellant and his authorized representative.

The Board has remanded the claims of service connection for right and left knee disabilities, patellofemoral pain syndrome and degenerative changes due to incomplete development.

The Veteran's lumbar strain is currently rated at 20% effective September 14, 2007. This decision grants a higher rating for his service-connected lumbar strain.

The Veteran's initial higher ratings for scoliosis and low back disability were denied. The Board found that the evidence did not support a rating in excess of 40 percent for scoliosis prior to September 26, 2003, or in excess of 50 percent from September 26, 2003.

The Board denied service connection for the cause of the Veteran's death due to cardiovascular or lung disorder, as there was no evidence linking these conditions to his service, including exposure to herbicide agents.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was granted, with the highest possible schedular rating of 40 percent. The claim for an extraschedular rating remains pending and will be addressed in further proceedings. His claims for increased ratings for dysthymic disorder and impotence were denied.

The Veteran's claims for increased ratings for lumbosacral strain were denied. The RO continued the current rating of 20 percent prior to June 28, 2005 and increased it to 40 percent effective June 28, 2005. A further increase to 50 percent was granted from December 1, 2011.

The Board has reopened the claims for service connection for cervical and lumbar spine disabilities, finding that new and material evidence has been received. The Veteran's current cervical and lumbar spine disabilities are found to be at least as likely as not caused by his in-service injury.