Back / lumbar spine decisions — 2012

The Veteran's appeal is remanded for additional development, including a VA examination and obtaining outstanding VA treatment records. The issue of an initial evaluation in excess of 20 percent for his service-connected lumbar spine disability will be reconsidered.

The Veteran's claim for service connection for a low back disorder is denied as there is no current disability meeting the definition of hearing loss under VA regulations.

The Board has determined that the Veteran's current low back disability is related to service, and thus granted service connection for lumbar degenerative disc disease and spondylosis.

The Board has granted service connection for a cervical spine disability and remanded the remaining issues to the RO for further evidentiary development, including providing the Veteran with VA examinations. The claims of entitlement to service connection for right knee disorder, bilateral hip disorder, left knee disorder, and lumbar spine disorder are still pending on appeal.

The Board has determined that there is no new and material evidence to reopen the Veteran's claims for service connection for bilateral shoulder sprain (bursitis), venereal warts, recurrent lumbosacral strain, scratched eyeballs, swollen, dry, itchy throat, and hypertension with history of abnormal ECG/EKG and other claimed heart pathology.

The Board denied the Veteran's claim for service connection of a lower back disorder, finding that there was no evidence of a chronic disability during or immediately following service and no credible assertion of continuity of symptomatology. The medical opinion provided by VA found it less likely than not that the current condition is related to service.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's lumbar spine disability is rated at 40 percent, effective June 14, 2005. He also received separate ratings for radiculopathy of the left and right lower extremities.

The Board has granted service connection for a low back disability, left ankle disability, and urinary/bowel incontinence. The Veteran's sinusitis and pes cavus are not directly related to his military service.

The Board found that degenerative arthritis of the lumbar spine was not shown during the first year after separation from service and that the only medical opinion to address the etiology of the Veteran's lumbar spine disabilities weighed against his claim.

The Board denied the Veteran's claims for increased ratings and extraschedular evaluations, as well as his claim for TDIU. The issues were remanded multiple times but ultimately remained denied.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the etiology of the Veteran's cervical and lumbar spine disabilities.

The Board found that the Veteran does not meet the criteria for service connection for a low back disorder or an acquired psychiatric disorder, including PTSD. The VA examiner concluded that there is insufficient evidence to support a diagnosis of PTSD and thus denied both claims.

The Board denied the Veteran's claims for service connection of a low back disorder secondary to his left fifth hammer toe deformity and denied his request for an increased rating for his left fifth hammer toe deformity. The Board found that the low back disorder was not caused by or aggravated by the service-connected left fifth hammer toe deformity, but did find that he had severe foot impairment due to this condition.

The Board finds that the Veteran's knee and neck disabilities are not related to his active service, but further examination is needed to determine their etiology.

The Veteran's service-connected cervical spine disability is granted, and his hypertension is assigned a noncompensable evaluation prior to January 11, 2010. The Board finds that the evidence supports a 10 percent rating for hypertension under Diagnostic Code 7101.

The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for the purchase of an automobile and adaptive equipment, or adaptive equipment only.

The Veteran's appeal is remanded for a current examination and to obtain any relevant VA treatment records. The case will be returned to the Board after these actions are completed.

The Veteran's claim for service connection of low back disorder, cervical strain, bilateral knee strain, and bilateral foot strain is being remanded due to the need for additional examination and development.

The Board has determined that the reduction in the rating for degenerative disc disease and retrolisthesis of L5 and S1 from 40% to 20%, effective September 1, 2008, was not proper. The Veteran's disability continues to warrant a higher evaluation.