Back / lumbar spine decisions — 2012

The Board found that the Veteran's migraines, scars of the right temple and right leg, and low back disability were not incurred or aggravated by service.

The Veteran's appeal was denied as his thoracolumbar spine disability did not meet the criteria for a rating in excess of 10 percent.

The Board denied service connection for a genitourinary disability (chronic cystitis) and a low back disability, finding that the Veteran's current conditions did not manifest in service or until many years thereafter and are not related to his honorable service.

The Board denied service connection for a lumbar disc herniation and remanded the Veteran's petition to reopen his claim for hypertension. The Board found that the Veteran's back injury in service did not predispose him toward the later herniation, but it also noted that the September 2011 VA examination suggested that the motor vehicle accident in 1972 contributed to his current low back pain and degenerative disc disease.

The Board finds that the Veteran's current cervical spine disorder is not related to his active service, and thus denies his claim for service connection.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling examinations to assess his service-connected conditions and other issues on appeal.

The Veteran's claims for service connection and initial ratings were denied. The Board found that the Veteran had chronic otitis media, which was granted service connection. However, all other issues related to his low back disability, right knee and left knee disabilities, and right hip disability were denied.

The Board has determined that further development is necessary before the claims for service connection for a deviated septum, low back disability, and hepatitis C can be adjudicated.

The Veteran's appeal is being remanded due to the failure to provide proper notice for a scheduled hearing. The issues of entitlement to service connection for various disabilities remain on appeal.

The Veteran's claims for increased ratings and service connection were denied. The lumbar strain claim was not granted, as the evidence did not show forward flexion of the thoracolumbar spine between 30 and 60 degrees or a combined range of motion less than 120 degrees. For the knee disability, prior to April 9, 2010, there were no compensable symptoms; from that date, the Veteran's left knee had flexion to at least 135 degrees with pain. Service connection was granted for PTSD and depressive disorder.

The Veteran's claim for service connection for degenerative joint disease (DJD) of the lumbar spine with right leg sciatica and numbness of the toes is being remanded due to the need for additional development, including a VA examination.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current disabilities of the Veteran's right shoulder and back, as well as to obtain any outstanding private treatment records. The case will be remanded for these actions.

The Board denied service connection for right ear hearing loss, hypertension, heart disability (cardiac murmur), right great toe disability, low back disability, residuals of cold injury to hands, and bilateral knee disability. The Veteran did not have a current diagnosis of these conditions at the time of the decision.

The Veteran's claim for service connection of a right shoulder disorder was denied as there is no evidence of current disability. The Board found that the Veteran did not have a current right shoulder disorder due to disease or injury incurred in or aggravated by service.

The Board has found that new and material evidence has been received to reopen the Veteran's claim of service connection for degenerative disc disease of the lumbar spine. The case is now remanded for a new VA examination to determine the etiology of the Veteran's current condition.

The Board has reopened the Veteran's claim of service connection for a low back disability and found that there is sufficient evidence to support this claim. The Veteran's current degenerative disc disease of the cervical spine is determined to be related to his military service, including exposure to combat conditions in Iraq.

The Board found that the Veteran's lumbar strain with degenerative disc disease and right knee degenerative joint disease do not warrant a rating in excess of 20 percent.

The Board denied the Veteran's claim for an earlier effective date for service connection of lumbar intervertebral disc syndrome, finding that there was no indication in his April/May 2005 application for compensation and/or pension benefits that he intended to seek service connection for a back disability.

The Board has remanded the case for additional development, including obtaining medical records and scheduling an examination. The Veteran's claim of entitlement to service connection for a lumbar disorder with associated radiculopathy and sciatica is pending.

The Veteran's claims for increased ratings for major depressive disorder and degenerative disc disease of the lumbar spine are being remanded due to the submission of additional evidence. The RO/AMC will review this new evidence and readjudicate the claims.