Back / lumbar spine decisions — 2012

The Board has denied the Veteran's claims of service connection for a back disorder, psychiatric disorders (including PTSD, depression, and anxiety), right knee disorder, left knee disorder, GERD with Barrett's esophagus, and hemorrhoids. The appeals are dismissed due to withdrawal by the Veteran.

The Board has remanded the case to schedule a Travel Board hearing due to non-receipt of notice for a previously scheduled hearing. The Veteran's claim for service connection for bilateral hearing loss and his request to reopen service connection for degenerative arthritis of the lumbar spine are pending.

The Board has determined that further development is required in order to adjudicate the Veteran's claims for service connection of lumbar spine and bilateral hip disabilities secondary to his service-connected knee disabilities. The case is REMANDED for an appropriate VA examination, additional records development, and consideration of the issues.

The Veteran's claims for earlier effective dates were denied as the 'entitlement' to service connection arose no earlier than January 22, 2009 when a VA examination provided a favorable nexus opinion linking his low back disability to his period of active military service. The claim for an increased evaluation was also denied.

The Board has determined that the Veteran's death was caused by his service-connected psychiatric disability, bipolar disorder with depression. The cause of death was listed as probable cardiac arrhythmia due to an enlarged heart. Given the evidence, including the independent medical evaluation, which concluded that the medications prescribed for his psychiatric condition likely contributed to his death, the Board has granted service connection for the cause of death.

The Board has determined that the Veteran's current low back disability is related to his in-service injury, and thus service connection for this condition is granted.

The Board has determined that the Veteran's current back disability had its onset during service and is etiologically related to his active service, granting the claim for service connection.

The Veteran's claim for increased ratings for his service-connected lumbar spine spondylosis was denied. The initial and staged rating claims were both found not to meet the criteria for a higher rating under the applicable VA rating criteria.

The Board denied the Veteran's claims for service connection for various conditions, including a right leg disorder and back disorders, as secondary to his service-connected residuals of aseptic meningitis. The decision found no evidence linking these conditions to service or service-connected disabilities.

The Board finds that the Veteran's low back disorder is due to an injury incurred during his military service and grants service connection for this condition.

The Veteran's hypertension is not established as incurred in or aggravated by service. Service connection for gastritis and vertigo are granted, with gastritis being secondary to a service-connected disability.

The Board has remanded the case due to the need for a VA examination and further development of the medical records.

The Veteran's lumbar spine degenerative disc disease has been rated at 10 percent prior to August 26, 2009 and remains at that level. Beginning on August 26, 2009, the disability is rated as 20 percent disabling.

The Veteran's GERD was found to have begun during active duty and has continued to the present, granting service connection for this condition.

The Veteran's lumbar spine disability was evaluated at a 20 percent rating based on limitation of motion, but the current findings do not meet or approximate the criteria for a higher rating.

The Board has determined that the Veteran's current back disorder, diagnosed as lumbar spondylosis and lumbar disc disease, is likely related to a period of active duty for training (ACDUTRA) he served in July 1964. As such, service connection is granted.

The Board has remanded the case for further development, including obtaining medical records and providing a supplemental opinion from an examiner regarding the etiology of the Veteran's degenerative disease.

The Veteran's claims for service connection on the merits were denied. The appeal is mixed as some issues were granted and others were not.

The Board has remanded the case due to the need for additional records from Social Security Administration (SSA). The Veteran's claims for service connection and non-service connected pension are pending.

The Veteran's claim for an increased evaluation of his lumbar spine disability was denied. The Board found that the evidence did not support a rating in excess of 20 percent from June 1, 2006 to July 12, 2006 and from March 1, 2007 to August 24, 2009, or a rating in excess of 40 percent as of August 25, 2009.