Back / lumbar spine decisions — 2012

The Board found that the appellant's colon cancer did not have its onset during service or due to exposure to herbicide agents, and thus denied service connection for this condition.

The Board has remanded the case for additional development, including obtaining treatment records from Spartansburg Regional Hospital and ensuring that all actions are taken in compliance with this remand. The Veteran's claims of service connection for neck and back disabilities will be reconsidered.

The Board has determined that the Veteran was on a period of ACDUTRA or INACDUTRA when he was involved in an automobile accident in March 1996, resulting in cervical and lumbar spine disabilities. The evidence supports a finding that these conditions are at least as likely as not caused by the MVA.

The Board has remanded the case for further development and readjudication. The Veteran's claim for service connection for a low back disability remains pending.

The Board has remanded the Veteran's claims for service connection due to outstanding VA treatment records and further development is needed regarding potential herbicide exposure during service.

The Veteran's service connection claims for back disability, reactive airway disease with bronchitis (secondary to sinusitis and allergic rhinitis), and psychiatric disability (adjustment disorder with depressed mood) have been granted. The effective date is not specified.

The Board denied the Veteran's claims for service connection for various orthopedic disabilities, including bilateral shoulder, arm/wrist, and forearm/wrist disabilities, cervical spine, lumbar spine, left posterior rib cage disabilities, as well as bilateral hearing loss. The decision found that these conditions were not incurred or aggravated by active duty service.

The Board has granted service connection for disabilities involving the Veteran's left arm, bilateral knees, and low back, finding that these conditions are etiologically related to active service.

The Board has ordered the VA to obtain all relevant private treatment records for the Veteran's back disability, including those from Dr. J.H. and Trinity Clinic in Tyler, Texas, prior to 2003. The case will be remanded for further development.

The Board found that the Veteran's current low back disability is not related to his active service or was caused by his service-connected residuals of a coccyx injury, and thus denied service connection.

The Veteran's request for vocational rehabilitation training outside the United States was denied as her acceptance into a foreign program did not meet the necessary conditions, and requiring her to pursue training in the United States would cause personal hardship.

The Veteran's appeals for service connection for right ear otitis media and low back pain with arthritis have been withdrawn. The appeal remains pending for the remaining issues.

The Board dismissed the appeal due to the Veteran's death, and no jurisdiction remains for adjudicating the merits of this claim.

The Veteran's claim for an increased rating for his service-connected low back disability has been denied as the evidence does not show unfavorable ankylosis of the spine or incapacitating episodes having a total duration of at least 6 weeks during a 12 month period.

The Veteran's claim for a higher initial evaluation remains in appellate status due to the increase from 10% to 20% effective date of August 18, 2009. The case is REMANDED for further development.

The Board has reopened the previously denied claim of entitlement to service connection for a lumbosacral spine disorder and is granting it.

The Veteran's initial claim for a higher rating for his degenerative disc disease of the lumbar spine was granted, with a current disability rating of 10 percent prior to April 20, 2010. Service connection for radiculopathy secondary to this condition is also granted.

The Board denied the Veteran's claims for service connection and increased ratings, finding no evidence to support the claimed disabilities or their relationship to service.

The Board has determined that a new VA examination is necessary to determine the relationship between any current lumbar spine disorder and active service, as well as whether the Veteran's peripheral neuropathy of the lower extremities is secondary to his lumbar spine disorder. The issues are being remanded for further development.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.