Back / lumbar spine decisions — 2012

The Board found that the Veteran's arthritis, psoriasis, hypertension, and coronary artery disease are not due to service or a service-connected disability.,Therefore, the claims for service connection were denied.

The Board has determined that the Veteran's current low back disorder is due to an injury incurred in service, and therefore grants service connection for this condition.

The Veteran's claim for a TDIU was granted in October 2000, effective April 13, 2000. The original June 15, 1998 claim for an increased rating contained evidence of unemployability due to service-connected back disability.

The Board has remanded the case for a new VA examination to determine if the Veteran's current back disability is related to active service or a disease/injury in active service. The examiner must consider the Veteran's statements and an accurate history.

The Veteran's service-connected low back strain with DDD is currently rated at 20 percent, effective prior to April 12, 2006. From April 12, 2006, to January 17, 2007, the rating was increased to 40 percent.

The Board has remanded the Veteran's claims due to insufficient explanations and need for additional examinations.

The Board has determined that the evidence is in equipoise as to whether the Appellant's low back disability, diagnosed as lumbosacral herniation and reflex sympathetic dystrophy, was incurred during active duty for training in 1963. Therefore, service connection is granted.

The Board has determined that the Veteran's DDD and stenosis of the lumbosacral spine are related to service, granting service connection for these conditions.

The Veteran's death was not caused by a service-connected disability, as he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's initial claim for a higher rating for his lumbar spine disability was denied as the evidence did not meet the criteria for an increased rating prior to February 17, 2011. Beginning February 17, 2011, the evidence did not meet the criteria for a 40 percent rating.

The Board has determined that there is no preponderance of evidence to support the Veteran's claim for service connection for a low back disability, as his current symptoms are not shown to be related to any incident during active service. The claim for lung disability remains pending.

The Veteran's service-connected disabilities, including his back condition and other joint pain, do not prevent him from maintaining substantially gainful employment.

The Board has determined that further development is needed to determine if the Veteran's current low back disability is related to his military service, specifically jumping out of hovering helicopters during active duty in Vietnam. The case is being remanded for a new VA examination and opinion.

The Board found that the Veteran's current lumbar spine disorder is not related to his service, and thus denied his claim for service connection.

The Veteran's cervical spine disability is rated at 30 percent since May 12, 2008.

The Veteran's service-connected low back disability is not shown to meet the criteria for a rating in excess of 20 percent, and his claim has been denied.

The Board denied the Veteran's claims for service connection for right ankle, bilateral leg, and low back disabilities. The evidence did not establish a current disability or link to service.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims for service connection for low back disorder and right leg disability. The case will be remanded for further action.

The Veteran's service connection claims for bilateral hearing loss, hypertension, coronary artery disease, a back disorder and a neck disorder are all granted.

The Board has determined that additional development is necessary prior to the adjudication of the Veteran's claims for service connection due to incomplete medical opinions and potential need for further examination.