Back / lumbar spine decisions — 2012

The Board has determined that the Veteran does not have a current hearing loss, back disorder, or sleep apnea that is related to service. As such, his claims for these conditions are denied.

The Veteran's service-connected degenerative disc disease, lumbar spine, was initially rated at 10 percent prior to August 7, 2009. From August 7, 2009 to August 17, 2011, the rating was increased to 20 percent. As of August 17, 2011, a higher evaluation of 40 percent is granted.

The Board has determined that the Veteran's current lumbar spine disability is related to his active duty military service, and therefore grants service connection for this condition.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a low back disability. The claim is being remanded for further development, including an examination by an orthopedic spine surgeon.

The Veteran's service connection claims for neck disorder, right arm condition with tingling, and left arm condition with tingling are granted as they are found to be related to his in-service parachute training injuries.

The Board found that the Veteran's right knee and back disabilities are not related to his military service, including as secondary to his already service-connected left knee disability.

The Board has remanded the claims due to the Veteran's request for a Travel Board hearing. The appeal is now pending again with the RO.

The Board found no evidence of chronic residuals of a cold injury to the feet or a chronic back disorder related to service. The Veteran's claims for these conditions were denied.

The Veteran's appeal for specially adapted housing has been remanded due to inadequate VCAA notice and the need for further development of his service-connected disabilities.

The Veteran's appeal has been withdrawn by his representative prior to the Board making a decision.

The Board has determined that the Veteran's cold weather residuals of the bilateral upper extremities and low back disability are service-connected, with no specific rating assigned.

The Board has denied the Veteran's claims for service connection for tinnitus, low back condition, and defective vision. The Veteran is not shown to have a current disability related to his active service or any other presumptive exposure basis.

The Board finds that the reduction of the Veteran's disability rating from 40 percent to 10 percent for degenerative disc disease of the lumbar spine, status post fusion, was proper. The current evidence does not show an improvement in the Veteran's condition warranting a higher rating.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining service treatment records and arranging for VA examinations to determine the nature and likely etiology of his claimed low back, shoulder, knee, and hearing loss conditions.

The Veteran's appeal is being remanded for additional development, including verification of periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA), examination to determine the likely etiology of his low back disorder, and scheduling a personal hearing.

The Veteran's claim for increased rating of lumbar spine disability was denied. The RO found that the criteria for a higher rating were not met.

The Board has determined that there is an approximate balance of positive and negative evidence regarding whether the Veteran's degenerative disc disease of the lumbar spine is related to his active service. Resolving doubt in favor of the Veteran, the Board finds that the criteria for service connection are met.

The Veteran's claim for an increased rating for a lumbosacral strain is being remanded due to the need for additional medical examinations and records.

The Board has determined that the Veteran's claims for service connection for a respiratory disability, back disability, and gastrointestinal disability are not supported by the evidence of record. The preponderance of the evidence is against finding a link between these conditions and the Veteran's period of active military service.

The Board has granted service connection for lumbar spine osteoarthritis, right ear tinnitus, and right ear hearing loss. The Veteran's current conditions are deemed to be related to his active duty service.