Back / lumbar spine decisions — 2012

The Board found that the Veteran's herniated nucleus pulposus of the lumbar spine was not incurred during active military service and is not related to his already service-connected conditions. Therefore, service connection for this condition cannot be established.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's back disability or arthritis of the low back, as his current conditions are not related to his active duty service.

The Board found that the Veteran's low back disorder, diagnosed as levoscoliosis, is not service-connected because there was no evidence of a superimposed injury or additional disability during his military service. The other issues regarding compensable ratings for left thumb and left ankle disabilities were addressed but are not relevant to this response.

The Board has remanded the case for additional development and reconsideration of the claims, including obtaining a complete copy of the March 2003 VA medical examination report.

The Veteran's lumbar spine disorder, bilateral knee disorder, and hepatitis C are not related to his active service.,However, the Veteran's right foot disability is considered incurred in service.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and related radiculopathies have been denied. The Veteran is currently in receipt of a 40 percent rating for the orthopedic manifestations of his lumbar spine disability, and separate 10 percent and 20 percent ratings for radiculopathy of his bilateral lower extremities.

The Veteran's claim for service connection for a low back disorder, including injury residuals and degenerative disc disease is being remanded due to the need for additional medical examination and development of records.

The Veteran does not have a lumbar spine disability attributable to active service and the Board finds that his acquired psychiatric disability is not related to service.

The Veteran's appeal has been withdrawn, thus the case is dismissed.

The Veteran's claim for an increased rating for his degenerative disc disease, L5-S1, status post foraminotomy and fusion at L4-5 was denied as the evidence did not show any type of spinal ankylosis or incapacitating episodes of intervertebral disc syndrome having a total duration of at least six weeks during a previous 12 month period.

The Board has remanded the case due to a change in the hearing officer and the Veteran's request for a new hearing. The claims related to reopening service connection for low back disability, right foot fracture residuals, and an acquired psychiatric condition are still pending.

The Veteran's appeal is remanded for additional examinations and development of his TDIU claim, including consideration of all service-connected disabilities on employability.

The Veteran's lumbar spine disability has been rated at 20 percent since August 31, 2006. The Board finds that the current rating is appropriate as his range of motion and symptoms do not warrant a higher evaluation.

The Board has determined that additional development is needed, including obtaining service clinical hospital records and post-service medical reports. The Veteran should be asked to provide information about his alleged hospitalization during service and any treatment since discharge.

The Board has granted service connection for tinnitus, a low back disability, and an acquired respiratory disability to include COPD, asthma, chronic bronchitis, sinusitis, and laryngitis.,Service connection is established for these conditions based on direct evidence of their onset during active duty.

The Board has determined that the Veteran's low back disorder did not have its onset in service and is not causally related to service. Therefore, the claim for service connection for a low back disorder is denied.

The Board has determined that the Veteran does not have a current low back or right ankle disability that began during service and is related to any incident in service. As such, service connection for these conditions cannot be established.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and radiculopathy of the right lower extremity as secondary to his service-connected low back disability. The initial rating for arthritis of the right ankle was also denied.

The Veteran's appeal is being remanded to obtain additional VA treatment records, schedule her for a VA examination, and adjudicate the claims for increased ratings and TDIU.

The Board is remanding the case to obtain additional medical records and to provide a new VA examination. The Veteran's claim for service connection for her low back disability will be reconsidered based on the newly obtained evidence.