Back / lumbar spine decisions — 2012

The Board found that there is no evidence of hypertension or lumbar spine disorder in service, and the Veteran did not provide credible testimony linking these conditions to his military service.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, compliance with VCAA requirements, and obtaining updated medical records.

The Board denied the Veteran's claims for service connection for various conditions, including atrial fibrillation, chemical burns of both eyes, low back sprain, bilateral hearing loss, Raynaud's Syndrome, right ear otitis media, and ocular keratitis. The evidence did not demonstrate current disabilities related to these conditions.

The Board has remanded the case for further development, including a VA examination and consideration of additional medical evidence. The Veteran's claims for service connection for a lumbar spine disability and an increased rating for her psychiatric disability are pending.

The Board has reopened the claim for service connection for sinusitis and granted it on its merits. The claims for service connection for low back pain and sleep apnea are remanded to further develop evidence.

The Board reinstated the prior 20% rating for the Veteran's low back disability, but remanded his claim to determine if he is entitled to a higher than 20% rating.

The Veteran's appeal is remanded for further development, including obtaining VA vocational rehabilitation records and providing the Veteran with a VA examination to determine his ability to secure and follow substantially gainful employment due to service-connected disabilities.

The Veteran's disability compensation benefits were properly offset for 43 days due to receipt of military drill pay for Fiscal Year 2008.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims for service connection. This includes obtaining medical records, scheduling VA examinations, and determining whether any current disabilities are related to military service.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing at his local RO. The case will be returned to the Board for further review after the hearing.

The Veteran's lumbosacral spine injury residuals do not result in ankylosis of the spine, and radiculopathy is not etiologically related to his service-connected disability. As a result, he does not meet the criteria for a rating in excess of 40 percent.

The Board found that new and material evidence had been received to reopen the claim of service connection for a low back disorder, and determined that the Veteran's current diagnosis of degenerative disc and joint disease of the lumbar spine is attributable to his military service.

The Veteran's lumbar spine disability is rated at 40 percent effective November 1, 2010. A separate rating of 10 percent for right lower extremity radiculopathy is granted.

The Veteran's claims for higher evaluations were denied. The Board found that the evidence did not meet the criteria for a higher evaluation in any of the periods specified.

The Board denied service connection for right lower extremity and lumbar spine disabilities, finding that the evidence did not support a link to military service.

The Veteran's claims for service connection and increased rating for residuals of a left clavicle fracture were denied. The Board found no evidence linking the current disabilities to active duty service or a service-connected condition.

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and a VA examination. The hypertension claim is also being remanded.

The Board has determined that the Veteran's current thoracolumbar spine disability is not related to service and therefore denied her claim for service connection.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was granted, with the effective date being October 6, 2009.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or being housebound is remanded due to insufficient VA examination reports considering all of his service-connected disabilities.