Back / lumbar spine decisions — 2012

The Board has remanded the case for a new medical nexus opinion to address whether the Veteran's current low back disability is causally related to his service-connected left foot injury. The Veteran must provide any recent treatment records and report for the VA examination.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for higher ratings at any point during the appeal period.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a low back disability. The Veteran's claims for PTSD, chronic bronchitis, hypertension, and erectile dysfunction were denied on their merits.

The Veteran's claim for an evaluation in excess of 20 percent for degenerative disc disease of the lumbar spine is denied as there is no evidence of unfavorable ankylosis, incapacitating episodes, or neurological manifestations.

The Board found no evidence of a pre-existing low back disability and concluded that the Veteran did not meet the threshold requirements for service connection. The claim was denied as there is insufficient evidence to establish an in-service injury or disease.

The Veteran's service-connected cervical spine, lumbar spine and right foot disabilities have been granted initial evaluations. The cervical spine disability is rated at 10 percent prior to April 20, 2010, and at 20 percent beginning on that date. The lumbar spine disability is rated at 10 percent. The right foot disability is rated at 10 percent.

The Veteran's cervical spine disability is rated at 10 percent, and a separate rating for his left upper extremity radiculopathy was granted.

The Veteran's appeal is being remanded to the RO for scheduling a Board hearing before a Veterans Law Judge at the RO.

The Veteran's appeal was denied for various issues including hypertension, lumbar spine spondylosis, left lower extremity sciatica, and erectile dysfunction. The highest initial compensable evaluation of 10 percent was granted for hypertension, but evaluations in excess of the assigned were denied for lumbar spine spondylosis and left lower extremity sciatica.

The Veteran's claims were denied, and no effective date was assigned.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for a low back condition and a right knee condition, both secondary to the service-connected left knee disability. The Veteran's left knee disability is currently rated as 10 percent disabling based on residuals of patellar dislocation and DJD with limitation of motion.

The Veteran was granted a TDIU based on his service-connected lower back and right wrist disorders, effective December 17, 1996. However, the RO discontinued this benefit due to substantial gainful employment from December 1997 onwards.

The Board is remanding the Veteran's claims for service connection for a low back disorder and an eye disorder due to incomplete medical records, including those from his military service and private physicians. The VA will seek additional records and obtain supplemental opinions on the etiology of these conditions.

The Veteran's appeal is being remanded for scheduling a videoconference hearing before the Board of Veterans' Appeals. The issues include seeking increased disability ratings, reopening service connection claims, and TDIU.

The Veteran's claims for increased ratings for lumbar degenerative disc disease, left knee disability (status post surgery), and left ear hearing loss were denied. The RO assigned initial disability evaluations of 20%, 10%, and none respectively.

The Board has denied reopening of service connection claims for a low back disorder and sciatic neuralgia, finding no new and material evidence to support the Veteran's claims. The Veteran did not have a chronic back or leg condition during service, and there is insufficient evidence linking current symptoms to active duty.

The Board has decided to remand the case for additional development, including obtaining VA and private medical records and scheduling a new examination.

The Board denied the Veteran's claims of service connection for a bilateral hearing loss disability, lumbar spine disability, and bilateral knee disability (other than gout), as well as his claim for an initial compensable rating for hypertension. The Veteran did not have sufficient evidence to establish service connection for these conditions.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for low back disability. The case is now remanded for further development, including obtaining service personnel records and a VA examination.

The Veteran's additional disability of the lumbar spine, including cauda equina syndrome with bladder dysfunction, is found to be due to a VA surgical procedure performed in August 2001. The claim is granted.