Back / lumbar spine decisions — 2012

The Veteran's low back strain with degenerative changes has resulted in some, but not total, loss of range of motion and no incapacitating episodes in the past 12 months. The Board finds that a disability rating in excess of 40 percent is not warranted.

The Board has determined that the appellant's service-connected low back strain should be restored to a 40 percent disability rating, effective September 1, 2008.

The Veteran's diabetes mellitus, type II, has been managed by oral medication and does not require insulin or regulation of activities. His IVDS of the lumbar spine continues to be rated at 40 percent.

The Board has reopened the claim for service connection for a back disability and granted it, finding that new and material evidence was submitted. Service connection is established based on direct evidence of a link between the Veteran's in-service injury and his current condition.

The Veteran's service connection claims for chronic bronchitis with COPD, frostbite injuries to both feet, cervical spine degenerative disc disease, left hip arthritis, and bilateral hearing loss were granted effective September 27, 2002. His claim for tinnitus was granted effective August 17, 2006.

The Board found that the Veteran's lung disability (bronchitis) is not related to service, but reopened her claims for lumbosacral spine and bilateral knee disabilities due to new evidence. The claim for bilateral foot disability was also reopened.

The Board denied the Veteran's claims for service connection for DDD of the cervical spine, radiculopathy of the bilateral upper and lower extremities, as well as a higher rating for ankylosing spondylitis. The Board found that these conditions were not related to his service-connected ankylosing spondylitis.

The Board has remanded the case due to outstanding VA treatment records from Camp Hill and Lebanon VAMCs, which may be relevant to the Veteran's claim for service connection for a low back disability.

The Board found that the Veteran's current low back disorder is not related to his period of service, including by way of aggravation. The claim for service connection was denied.

The Veteran's low back pain was found to have been incurred during active service, and he is now granted service connection for this condition. However, his bilateral hearing loss disability does not meet the criteria for a compensable rating.

The Veteran's low back strain is currently rated at 20% and does not meet the criteria for a higher rating based on his current symptoms.

The Veteran's appeal is remanded for further development, including obtaining medical records and clarifying the November 2010 VA examination report.

The Board has remanded the Veteran's claims for further development due to the need for a new VA examination and additional analysis of the evidence.

The Board has determined that the Veteran's lumbar spine, left foot drop disorder, and right leg disability are not related to his active duty service.

The Board has denied service connection for a low back disability, and the Veteran is seeking to have his claim remanded due to potential undiagnosed illness or medically unexplained chronic multisymptom illness. The case requires additional development including a VA examination.

The Board has determined that the Veteran's claimed disabilities of arthritis of the bilateral knees and ankles, and a herniated disc of the lumbar spine are not related to his period of active military service. The claims for service connection have been denied.

The Veteran's service-connected disabilities, including low back strain and tinnitus, have prevented him from securing and following substantially gainful employment consistent with his education and occupational experience.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA orthopedic examination to address his service-connected low back disability.

The Veteran's disability evaluation for herniated nucleus pulposus, L5-S1, postoperative, with degenerative disc disease was increased to 40 percent effective October 9, 2007.

The Veteran's appeals for increased ratings and service connection were denied. The claims for higher ratings for migraine headaches, left foot numbness, and low back disability have been addressed.