Back / lumbar spine decisions — 2012

The Board found that the Veteran's current bilateral foot fungus, allergies, and low back disorder are not related to his active military service. The claims for service connection were denied.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling VA examinations to assess the current severity of his lumbar spine disability and bilateral knee disabilities.

The Veteran's skin lesions were not incurred in or aggravated by active service. The Board denied the claims for nasal condition, back disability and hip disability due to lack of evidence connecting these conditions to service.

The VA examiners found no evidence that the Veteran's low back disorder is caused or aggravated by his service-connected left knee disorder. The Board therefore denied the claim.

The Veteran's appeal is remanded for additional development, including new VA examinations and consideration of a TDIU.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Veteran's anxiety and depressive disorders have been rated based on their severity, with a current evaluation of 50 percent.,The Veteran's lumbar spine disability has not met the criteria for an increased rating beyond 20 percent.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for a low back disability. The claim is denied.

The Board has reopened the Veteran's claim for service connection for osteoarthritis of the cervical spine to include the shoulders and granted the claim, finding that there is at least equipoise evidence in favor of the Veteran's claims.

The Veteran's low back disability, rated as 40 percent disabling for a low back muscle strain, does not meet the criteria for an increased rating beyond this level.

The Veteran's cervical spine disability is rated at 20 percent, effective February 7, 2002. He also received a separate rating for radiculopathy of the right upper extremity associated with his cervical spine disability and a 10 percent rating for impingement syndrome of the right shoulder.

The Board has determined that the Veteran's low back disability is related to service, and thus grants his claim for service connection. The claims for hearing loss are denied.

The case is being remanded for additional development, including obtaining VA treatment records and examination reports.

The Veteran requested to withdraw his appeal for an increased rating of his service-connected lumbar spine disability.

The Veteran's appeal is being remanded for additional development to obtain medical records and conduct examinations.

The Board denied service connection for degenerative joint disease of the bilateral knees and a back disability, to include as due to degenerative joint disease of the bilateral knees in June 2006. The moving party's motion alleging clear and unmistakable error (CUE) was denied.

The Veteran's claim for increased ratings was denied as his service-connected low back disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

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

The Veteran's claims for service connection for hypertension, increased ratings for residuals of right ankle injury and myositis, and an earlier effective date for a rating increase were denied. The Veteran is not entitled to an earlier effective date than March 21, 2002, for the award of a 10 percent disability rating for his service-connected residuals of right ankle injury.

The Veteran's appeal is being remanded for additional development, including obtaining OPM disability retirement records and a VA examination to determine the combined impact of his service-connected disabilities on his ability to obtain and maintain substantially gainful employment.