Back / lumbar spine decisions — 2012

The Board has remanded the case due to missing records and the need for additional examinations. The Veteran's claims will be reconsidered based on all evidence.

The Board denied the Veteran's claims for service connection for a low back disability and an initial rating in excess of 20 percent for diabetes mellitus, finding that there was no evidence to support these claims.

The Veteran's claims are being remanded due to incomplete service records and the need for additional examinations. The issues of service connection, reopening claims, and evaluations will be addressed.

The Veteran's initial claim for a compensable evaluation for degenerative arthritis of the lumbar spine prior to June 28, 2007 was granted. For the period beginning August 1, 2007, his disability is rated at 10 percent.

The Board has reopened the claim of service connection for a low back disability and granted the claim, finding that the Veteran's current low back disability is related to an injury in service.

The Veteran's claim for a special home adaptation grant was denied as he does not meet the criteria for entitlement to this benefit due to lack of anatomical loss or use of both hands, and his visual acuity is not at 5/200 in both eyes.

The Veteran's claims for service connection have been reopened, but the underlying claims remain denied. The Veteran has a current diagnosis of anxiety disorder that may be related to active service.,The Veteran's kidney disease and urinary incontinence are both found to be related to active service.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board found that the Veteran's chronic low back disability was not incurred in service and is not secondary to his service-connected left knee internal derangement with traumatic DJD. The claim for a left foot disability was denied as well.

The Board has remanded the case to the RO for additional development, including scheduling a VA examination and adjudicating the claims of service connection for low back pain and bilateral knee disability.

The Veteran's claim for service connection for a back disorder, to include as secondary to his service-connected knee and ankle disabilities, is being remanded due to the need for additional development.

The Veteran is not unemployable due to his service-connected disabilities for the periods from September 8, 2003 through May 31, 2006, and from March 1, 2009 through July 31, 2009.

The Board has ordered a new VA examination to determine the etiology of the Veteran's back disability and whether it is related to his service-connected right knee disability. The case will be remanded for further development.

The Veteran's appeal on the issue of entitlement to an evaluation in excess of 40 percent for a service-connected low back disability has been withdrawn.

The Veteran's service-connected lumbosacral spine disability, including degenerative disc disease and degenerative joint disease, has been rated at 20 percent since November 18, 2004. The appeal for a higher rating is denied.

The Veteran's appeal for service connection for various conditions, including a psychiatric disorder to include PTSD and depression, low back disability, hypertension, bilateral hearing loss, hip disability, muscle spasms, gout, sleep disorder, tinnitus, and erectile dysfunction has been denied. The Board found that the Veteran does not have a current psychiatric disability involving depression or PTSD.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with proper notice regarding secondary service connection.

The Veteran's service-connected cervical spine disability is currently rated at 30 percent, but the evidence does not support a higher rating as his symptoms do not meet the criteria for an increased rating.

The Board denied the Veteran's claim for a TTR beyond July 31, 2009 due to significant improvement in his low back condition after surgery and no evidence of severe postoperative residuals or immobilization.

The Veteran is seeking an increased rating for his service-connected lumbosacral strain with arthritis. The case has been remanded due to the need for a VA examination and updated treatment records.