Back / lumbar spine decisions — 2012

The Board has determined that the Veteran's current low back disability is related to an in-service injury during ACDUTRA, and thus service connection for this condition is granted.

The Veteran's appeal is being remanded for additional development, including a VA neurological examination to determine the current severity of any neurological impairment associated with his service-connected DDD of L5-S1.

The Board found no medical evidence linking the Veteran's current cervical and lumbar spine disabilities to his service, including an acute back sprain in 1979. The VA examiner opined that there was not enough evidence to support a link between the 1979 incident and the Veteran's current conditions.

The Veteran's claims for service connection for asbestos exposure/asbestosis and a back disorder were denied as there is no evidence linking these conditions to his military service.

The VA compensation examiner found that the Veteran's low back disability is not related to his military service and denied his claim.

The Board found that the Veteran's current back disability was not incurred in service and denied his claims for service connection.

The Board finds that the preponderance of evidence does not support service connection for a back disability, bilateral knee disability, or bilateral ankle disability incurred during active military service.

The Veteran seeks to establish service connection for a low back disability, which he claims is related to in-service motor vehicle accidents and physical training. The Board finds that additional development is needed due to conflicting records regarding the nature of his preexisting dorsal scoliosis.

The Veteran's service-connected right upper extremity peripheral neuropathy is rated at 30 percent prior to June 24, 2010 and increased to 30 percent effective from that date. The Veteran also has a separate rating for postoperative right mid shaft ulna fracture.

The Board has reopened the Veteran's claims for service connection for diabetes mellitus and a back disability, but denied them on their merits. The reopening of the claims is based on new evidence related to unestablished facts necessary to substantiate the claims (diabetes mellitus), while the denial of the claims remains unchanged due to lack of material evidence.

The Board dismissed the appeal due to the death of the appellant, and thus no jurisdiction remains to adjudicate the merits of the claim.

The Veteran's low back disability, arthritis of the left hip, left knee patellofemoral syndrome, left ankle tendonitis, and left elbow bursitis have been granted service connection. The scar from shell fragment wounds and residuals of a shell fragment wound to the left elbow also have been granted service connection.

The Board found that the Veteran's scoliosis did not increase in severity during active service beyond its natural progression, and her thoracic and lumbar spine disabilities are not related to active military service or events therein but were caused by post-service injuries.

The Board denied the Veteran's claims for service connection for Bertolli's syndrome with shortening of the right leg and a low back disability in July 1963. The Veteran did not appeal this decision, making it final. New evidence received since then does not raise a reasonable possibility of substantiating the claims.

The Veteran's claims for increased ratings for his right ankle disability and lumbosacral strain were denied. The evidence did not show ankylosis or other conditions that would warrant a higher rating under the applicable VA Rating Schedule.

The Board has reopened the claim of service connection for a low back disorder and finds that there is at least equipoise evidence to support the Veteran's claim, thus granting service connection.

The Veteran's claim for a total disability rating based on individual unemployability is being remanded due to the need for additional development, including obtaining VA treatment records from 2007 onwards and adjudicating claims for service connection of back disorder and PTSD.

The Veteran's claims for increased ratings for lumbar strain and service connection for bilateral hearing loss were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent for lumbar strain prior to August 27, 2010 or since August 27, 2010. Service connection for bilateral hearing loss was also denied.

The Board has determined that the Veteran does not have a current low back disorder, bilateral knee or ankle disorders, left foot disorder, stomach disorder, or headache disorder that is related to his military service. Service connection for these conditions is therefore denied.

The Board has determined that the Veteran's claimed conditions are not related to his military service and thus denied all claims for service connection.