Back / lumbar spine decisions — 2012

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for a low back disorder and trouble sleeping. The case will be returned to the RO for further action.

The Veteran's claim for a permanent and total disability rating for nonservice-connected pension purposes is being remanded due to the need for additional medical examination and consideration of Social Security Administration (SSA) records.

The Veteran's initial request for a higher rating for lumbar strain prior to March 18, 2011 was denied. However, his subsequent request for an increased rating since that date was granted.,Service connection for bilateral leg disability (pain and numbness) was not established.

The Board has determined that the Veteran's degenerative disc disease at C4-5 and tinnitus are related to her military service, granting service connection for both conditions.

The Veteran's claim for an earlier effective date for a 40 percent disability rating for degenerative joint disease of the thoracolumbar spine was denied as there is no evidence of an increase in disability within one year prior to his April 2010 claim.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for bilateral leg disorders, low back disorder, and bilateral knee disabilities. However, the preponderance of the evidence does not support a finding that these conditions are related to service or any service-connected disability.

The Veteran's claims for increased ratings were denied as the evidence did not show marked limitation of motion or ankylosis in his right ankle, nor did it meet the criteria for a higher rating under other applicable diagnostic codes. For his foot condition, he was rated at the maximum schedular disability rating and there is no indication that another diagnostic code would allow for a higher initial rating.

The Veteran's lumbar spine disorder, including degenerative disk and joint disease with sensory radiculopathy, was granted service connection. His cervical spine disability is rated at 60 percent, and a separate 10 percent rating for thoracic spine disability is also granted.

The Board has remanded the case due to additional development being required, including obtaining a medical opinion on the etiology of the Veteran's low back disorder and an acquired psychiatric disorder. The claims are also being reviewed for secondary service connection.

The Board found that the Veteran's current low back disability was not incurred or aggravated during his period of active duty service, and thus denied his claim for service connection.

The Veteran's claim for an increased rating for his service-connected low back disorder was denied as the medical evidence did not meet the criteria for a higher evaluation.

The Veteran's lumbar spine disability is rated at 40 percent since September 16, 2011. The claim for TDIU remains pending.

The Board has remanded the case due to further development being required, including scheduling a hearing for the Veteran.

The Board has remanded the case due to insufficient examination data, particularly regarding the extent of the Veteran's low back disability and its relationship to his service-connected conditions.

The Board found that the Veteran's current lumbar spine disability was not first manifested in service or within the first post-service year, and therefore denied his claim for service connection.

The Veteran withdrew his appeal for the issues of entitlement to service connection for a low back disorder, irritable bowel syndrome, and headaches prior to the Board's decision.

The Board has reopened the previously denied claim for service connection for residuals of left tibia fracture, healed. The Veteran's current left tibia disability is found to be a result of aggravation of a preexisting condition during service.

The Board has determined that additional development is needed before the case can be decided. The Veteran's claims for service connection for cervical and lumbar spine disorders are being remanded to allow for further action.

The Board has determined that the Veteran does not have a current disability involving his left knee or low back, and thus service connection for these conditions is denied. The claim for service connection for a left shoulder disorder remains pending.

The Veteran's claim for service connection for a back condition has been reopened and granted. Service connection is also established for diabetes mellitus type II as a result of herbicide exposure (Agent Orange). The Veteran's interstitial fibrosis (asbestosis) was found to be aggravated by his pre-existing asbestos exposure.,The Veteran's corn on the right little toe and left shoulder condition claims are not supported by evidence.