Back / lumbar spine decisions — 2012

The Board has decided to remand the case due to questions regarding the presence of radiculopathy or neuropathy in the Veteran's lower extremities, as well as possible urinary involvement.

The Board found that the Veteran's current cervical, thoracic, and lumbar spine disabilities are not related to his in-service injury during a rocket explosion. The evidence does not support service connection for these conditions.

The Board has determined that the Veteran's current low back disability is causally related to his service, and therefore grants service connection for a lumbar spine disability.

The Board denied the Veteran's claims for service connection and increased disability ratings for various conditions, finding that there was no evidence to support these claims based on the current medical records and available evidence.

The Veteran's claims for service connection were denied. The Board found no evidence of a current disability or that the disabilities are related to his military service.

The Veteran's generalized anxiety disorder is granted as secondary to his service-connected bronchial asthma. The claims for costochondritis and lumbar paravertebral myositis are denied.

The Board granted an increased rating of 20 percent for the appellant's service-connected lumbar spondylosis, degenerative disc disease, spondylolisthesis at L5-S1, and intervertebral disc syndrome.

The Veteran's combined disability rating is 70 percent, meeting the threshold requirement for TDIU. However, his service-connected disabilities do not render him unemployable as he has worked in property management and self-employment.

The Board found that the appellant's motorcycle accident in June 1986 did not occur within the scope of active duty service, specifically ACDUTRA. Therefore, his claims for service connection for left foot and lumbar spine injuries are denied.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection for a low back disability and secondary service connection for a left leg disability. The case is being remanded to obtain a supplemental VA medical opinion addressing all of the evidence in the claims file, including the Veteran's lay statements and those of his son and coworker.

The Board has determined that the Veteran's low back disorder and respiratory disorder are service-connected, with no effective date provided as the decision is based on current symptoms.

The Board found that the Veteran's current low back disability is not related to his service and denied his claim for service connection.

The Veteran's death was caused by lung cancer, which is service-connected due to asbestos exposure. Service connection for a cardiovascular disorder and low back disorder are granted, while gastrointestinal disorder service connection is denied.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine is currently rated at 20 percent, effective October 30, 2006. The Board finds that a higher rating is warranted and grants an increased rating to 40 percent.

The Veteran's appeal is being remanded for additional development to determine the extent of his service-connected disabilities' impact on his ability to obtain or retain substantially gainful employment.

The Veteran's claims of service connection for PTSD, back disability, and left knee disability were denied as new and material evidence was not received to reopen these previously denied claims.

The Board has determined that the earliest factually ascertainable date for the Veteran's unemployability due to service-connected disabilities is March 30, 1988. Therefore, an effective date of March 30, 1988, for the grant of TDIU is granted.

The Veteran's lumbar muscle strain was initially rated at 10 percent prior to February 28, 2011. Since then, a higher rating of 20 percent has been granted for his degenerative disc disease.,Since February 28, 2011, the Veteran's degenerative disc disease with lumbosacral strain warrants a 20 percent rating.

The Veteran's claims for service connection and increased evaluations are being remanded due to the need to obtain additional medical records, including VA treatment records from various facilities, SSA records, and any vocational rehabilitation counseling files. Additionally, a VA examination is required to determine if the Veteran's low back disorder and/or neurological disorders of the lower extremities are related to his military service or to a service-connected disorder.

The Board denied service connection for a low back disability and did not assign an effective date earlier than July 31, 2009 for the grant of service connection for chronic psychosis.,There is no credible evidence linking the Veteran's current low back disability to active service.