Back / lumbar spine decisions — 2012

The Board denied the Veteran's claims for an initial compensable rating for bilateral hearing loss and service connection for a left ankle disability. The claim for service connection of a low back disability is addressed in the REMAND portion of this decision.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for lumbar disc disease, status post surgery with radiculopathy.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disorder as secondary to his service-connected right knee disability and has granted service connection.

The Veteran's degenerative disc disease of the cervical spine is found to be as likely as not related to his military service, including his duties aboard submarines where he performed tasks that put strain on his neck.

The Board has reopened the claims of service connection for left shoulder, low back, and neck disabilities. However, due to conflicting evidence regarding whether these conditions pre-existed the Reserve injuries or were aggravated by them, a full VA examination is needed to determine their etiology.

The Veteran's claim for a total evaluation based on individual unemployability due to service-connected disabilities is being remanded as the VA examination provided was inadequate and additional evidence is needed, including Social Security Administration records and private treatment records.

The Veteran's appeal is being remanded for further examination and opinion regarding the etiology of his claimed disabilities, including whether they are secondary to his service-connected disability.

The Board has granted service connection for a back disability, including chronic lumbar spine disorder with degenerative disc disease, spondylolysis, and spondylolisthesis. The Veteran's low back pain was first noted during active service in October 2004.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to the need for additional development, including obtaining relevant medical records and conducting a VA examination.

The Veteran's lumbar spine disability is rated at 40 percent since February 1, 2010. A separate rating for neuropathy of the peroneal nerve of the left lower extremity was not granted before January 19, 2010.

The Veteran's combined disability rating prior to May 8, 2002 was 40%, which did not meet the criteria for a TDIU under VA regulations.

The Board found no evidence of a chronic right leg or right knee disorder present during service, and denied the Veteran's claims for service connection.

The Board has remanded the case due to non-compliance with previous remands and additional records need to be obtained. The Veteran's claims for service connection for low back disability and right knee disability are being reviewed.

The Board found no evidence of an in-service assault or stressor that would support a diagnosis of PTSD. The Veteran's back disorder is not service-connected as there is no credible evidence linking it to his military service.

The Veteran's appeal is being remanded to allow for additional examinations and consideration of his claims, including those related to degenerative disc disease of the lumbar spine, calcaneal spurs of both feet, and radiculopathy of the right lower extremity.

The Veteran's service-connected disabilities, including PTSD with major depressive disorder, left shoulder disability, thoracolumbar spine disability, right and left knee disorders, have rendered him unable to secure or follow substantially gainful employment.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's low back and right hip disabilities, which were not based on the presumption of combat-related injuries. The case is now pending for further development.

The Veteran's appeal is remanded due to the need for a new VA examination and additional medical records, as his condition may have worsened since the last evaluation.

The Board has reopened the Veteran's claim for service connection for a low back disorder due to new and material evidence submitted since the April 2005 rating decision. The VA examiners provided opinions supporting the Veteran's claim of chronic low back pain related to his in-service injury.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to address the etiology of his claimed low back, left foot, and right leg disorders as well as the severity of his service-connected residuals of a tibia and fibular fracture of the left lower extremity.