Back / lumbar spine decisions — 2012

The Veteran's claim for an increased rating for his lumbar spine disability was denied. The Board found that the evidence did not meet the criteria for a higher evaluation based on orthopedic manifestations or incapacitating episodes.

The Board found that the Veteran's low back and right foot disabilities did not manifest during service or within one year of discharge, and there was no clear and unmistakable evidence to rebut this presumption. The medical opinions provided by VA examiners were against the claim.

The Board has remanded the case for a new hearing before the Board at the Veteran's local VA Regional Office.

The Board denied the Veteran's claim for service connection for a lumbar spine disability and continued his current 20 percent rating for arthritis and gout of multiple joints. The Board found no evidence linking the Veteran's current lumbar spine condition to his active service.

The Veteran's claims for increased ratings for low back and bilateral knee disabilities are being remanded for additional development, including obtaining SSA records and a VA examination.

The Veteran's claim for service connection for lumbar spine disability has been remanded due to the need for a Travel Board hearing.

The Board has determined that the Veteran's left knee disability is related to his time in military service and grants service connection for this condition.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disability and finds that new and material evidence has been submitted. The Board also finds that the Veteran's current lumbar spine disability is related to his military service.

The Veteran's initial ratings for bilateral hearing loss and lumbar strain have been granted, but the appeal is pending for a higher rating for the lumbar strain.

The Board has reopened the claim for service connection for a low back disorder due to new and material evidence. However, the claims for tinnitus, bilateral knee disorder, and PTSD are being remanded for further development.

The Board denied the Veteran's claims for service connection and initial disability evaluations for his right hip, left hip, dislocated fifth digit, and low back disabilities.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, which reflects moderate limitation of motion without neurological impairment. The Board finds that this rating adequately captures his disability.

The Veteran's combined rating for service-connected disabilities was 70 percent from September 19, 2003 to July 24, 2007. The claimant contends that he should have received a higher combined rating prior to this date.,The Veteran is seeking an increased rating for his headaches and peripheral neuropathy of the right foot.

The Board has determined that the Veteran's current low back and right shoulder conditions are not related to his military service, and thus denied both claims.

The Board has decided to remand the Veteran's claim for an increased rating for his lumbosacral strain due to inadequate examination and failure to address DeLuca and Mitchell requirements regarding pain.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and stomach disability, finding that there was no evidence of onset during service or aggravation by service-connected conditions. The Veteran served in Vietnam with exposure to Agent Orange.

The Board denied the Veteran's claims of service connection for right hip disability, left hip disability, and back disability (L4-L5 disc herniation with surgery) due to lack of evidence showing a nexus between these conditions and active duty or training.

The Board found that there is no evidence to support a finding that the Veteran's current degenerative disc disease of the lumbosacral spine had its onset during or is otherwise related to his active service.

The Veteran's low back disability is rated at 20 percent since November 16, 2005 and remains at that level as of August 18, 2007.

The Board found that the Veteran's low back disorder did not meet the criteria for service connection as there is no evidence of a current disability, and the claim was denied.