Back / lumbar spine decisions — 2012

The Board has granted the Veteran's petition to reopen his claim for service connection for a back disability, finding that new and material evidence has been submitted. The issue is now remanded for further development.

The Board has determined that the appellant's current low back disorder, characterized as chronic anterior superior L3 endplate fracture with degenerative disc disease, was aggravated by his ACDUTRA service and is therefore service connected.

The Veteran's low back strain, status post placement of spinal cord stimulator, is rated at 20 percent disabling since July 11, 2006. His reflex sympathetic dystrophy of the right lower extremity (right thigh) is also rated at 20 percent disabling.

The Veteran's lumbar spine disability, which includes spinal stenosis with degenerative disc disease and neuropathy of the right lower extremity, does not meet the criteria for a higher initial disability rating than the currently assigned 60 percent.

The Veteran's service-connected lumbar strain with degenerative changes is currently evaluated as 20 percent disabling from November 28, 2008. The current rating adequately reflects the severity of her disability.

The Board has granted the Veteran's claim for service connection for residuals of myocardial infarction with an initial disability rating of 100 percent effective April 19, 2010. The claims for lumbar spine disorder, right hip disorder, and right knee/leg disorder have been reopened due to new and material evidence received since the May 2003 denial.

The Veteran's headaches were found to be related to service, and she is granted service connection for this condition.

The Veteran's claim for service connection is being remanded due to the need for additional examinations and development of evidence.

The Board has remanded the Veteran's claims for increased ratings due to deficiencies in the examination and lack of updated VA treatment records.

The Veteran's claims for increased ratings and service connection were denied due to failure to report for scheduled VA examinations. The case is remanded for further development.

The Board has granted service connection for obstructive sleep apnea and found that the Veteran's current lumbar strain disability is related to his active duty. The appeal regarding increased ratings for right Achilles tendonitis and bilateral foot fungus is dismissed.

The Veteran's low back disability was evaluated at a 10 percent rating prior to February 17, 2011 and denied for an increased rating. On and after February 17, 2011, the Veteran's condition warranted a 40 percent rating.

The Board has remanded the case due to insufficient medical evidence and a need for further examination. The Veteran's low back condition is being reviewed, but service connection will be decided based on the merits of the claim rather than any presumption or secondary theory.

The Veteran's low back disability is being remanded for further development, including clarification of the alleged injury in 2004 and a medical nexus opinion to determine if it is related to service.

The Board denied the Veteran's claims for higher evaluations for his cervical spine disability, radiculopathy of the upper extremities, and hypertension. The Veteran was not granted any increased ratings.

The Board denied the claim of service connection for a back disorder, finding that there was no clear and unmistakable evidence to show that the Veteran's pre-existing low back condition was aggravated by service.

The Board has granted service connection for traumatic arthritis of the cervical and thoracic spine, both shoulders, and lumbosacral spine. The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disability (TDIU) is REMANDED.

The Board found that the Veteran's low back disorder, including a lumbar strain and disc bulging, was not incurred in or aggravated by active service.

The Veteran's service-connected lumbosacral strain is currently evaluated at a 10 percent rating, and the evidence does not support an increase in this rating.

The Board denied the Veteran's claims for increased evaluations for his service-connected chronic lumbosacral strain and chronic cervical strain, finding that the evidence did not meet the criteria for a higher evaluation.