Back / lumbar spine decisions — 2012

The Board has determined that the Veteran's back disability had its onset in service and is therefore granted service connection.

The Veteran's service-connected low back disability, rated at 10 percent prior to May 17, 2011, and increased to 20 percent thereafter, is currently evaluated as 20 percent disabling.

The Veteran's appeal has been withdrawn before the Board could make a decision.

The Veteran's claims for an increased rating and TDIU were denied. The effective date of the grant of service connection for lumbar degenerative arthritis is set at September 25, 1997.

The Veteran's appeal is remanded due to the inextricability of his cervical spine disorder and TDIU issues. His initial claim for higher rating on lumbosacral strain, degenerative disc disease and spondylosis of the lumbosacral spine remains in appellate status.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has granted service connection for bilateral hearing loss and a back condition, finding that the Veteran's current conditions are related to his military service. The right ear hearing loss was noted during service and worsened over time, while left ear hearing loss was first diagnosed in 1980. Service connection is granted as direct service connection.

The Board has determined that additional development is necessary prior to adjudication of the claims. The Veteran's service connection claims for hearing loss, left shoulder disorder, IBS, chronic headaches, depression, bilateral knee disorder, lumbar spine disorder, cervical spine disorder, and chronic fatigue syndrome are REMANDED.

The Board has denied the Veteran's claims for service connection for hypertension, a right ear disability, and a back disability. The evidence did not establish that these conditions were incurred or aggravated during active service.,Service connection was not granted as there is no medical evidence showing that any of these conditions were present in service or are related to service.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine had its onset in service and is therefore granted service connection.

The Board denied the Veteran's claims for service connection for low back disorder, left arm injury of the upper left extremity, bilateral glaucoma, left ear hearing loss, and sleep apnea. The appeal was remanded multiple times due to procedural issues.

The Veteran's claim for an increased rating for his service-connected lumbar spondylolisthesis with history of laminectomy and fusion is being remanded due to failure to substantially comply with prior Board remand instructions.

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling a VA examination to determine the nature and likely etiology of the Veteran's sleep apnea. The claims of entitlement to increased ratings for low back disability and hypertension are also being remanded.

The Veteran's claims for increased ratings and a TDIU were denied. The cervical spine disability was rated at 30 percent, the low back strain at 20 percent, and left leg L5 radiculopathy at 10 percent. The combined rating of 60 percent did not meet the minimum percentage requirements for a TDIU.

The Board has remanded the case due to the need for additional development, including obtaining treatment records and scheduling a VA examination.

The Veteran's cervical spine disability was not caused by VA medical care, and any additional disability is due to the natural progression of his disease.

The Board has granted service connection for a chronic disability manifested by multiple swollen and painful joints (other than of the left shoulder, lumbar spine or right ankle), to include as due to undiagnosed illness. Service connection was also granted for lupus.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and SSA records, as well as requesting an addendum opinion from a VA examiner regarding the etiology of the Veteran's lumbar spine disorder.

The Veteran's low back and respiratory disorders were not related to her military service, but she was granted service connection for recurrent UTIs.

The Veteran's degenerative disc disease of the cervical spine was not manifested by forward flexion greater than 15 degrees but not greater than 30 degrees or a combined range of motion not greater than 170 degrees prior to November 5, 2010. As such, he is not entitled to an increased rating for this condition.