Back / lumbar spine decisions — 2012

The Veteran's diabetes mellitus is rated at 40% from July 28, 2008 onwards. The low back disorder is rated as 40% disabling overall.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by service and may not be presumed to have been incurred therein.

The Veteran's lumbar spine disability is rated at 40 percent from January 31, 2004. The Board granted a higher rating for the period prior to that date.

The Board has ordered additional development due to the need for a review of all records, including VA Virtual VA files. The Veteran's claim will be remanded for an etiological opinion concerning his low back disorder.

The Board has determined that the Veteran's low back, right knee, and right shoulder disabilities are service-connected as they are related to injuries sustained during active duty.

The Board has determined that there is no current evidence of residuals of a head injury or low back disability, and thus service connection for these conditions cannot be established.

The Board has reopened the Veteran's claims for service connection for a low back disorder, PTSD, and mental disorders based on new evidence submitted since the last final denial.,The Veteran testified that he experienced stressors during service including being picked on, pushed, threatened, and intimidated. He also mentioned an altercation with another service member resulting in an Article 15.

The Veteran's lumbar strain with myositis is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Board found that the Veteran's currently diagnosed back disorder is not related to his active service and denied his claim for service connection.

The Veteran seeks service connection for a low back disability. The Board has remanded the case due to the need to obtain private treatment records and provide a VA examination to determine the nature and etiology of any current low back disability.

The Board has reopened the claim of service connection for a low back disorder, but further development is needed before the merits can be decided.

The Board has determined that the Veteran's degenerative joint disease of the lumbar spine is related to his service, and thus service connection is granted.

The Veteran's claims for service connection and increased evaluations are being remanded due to the need for additional development, including VA examinations and requests for SSA records.

The Board finds that the evidence is in equipoise regarding whether the Veteran's right hip bursitis and lumbosacral strain are caused by his service-connected right knee and ankle disabilities. Service connection for these conditions is granted.

The Veteran's appeal is remanded due to the need for additional medical examinations and records. The case will be reconsidered after these are obtained.

The Board has decided to remand the case for additional development, including obtaining medical records and information from SSA.

The Board has found that the reduction of the disability rating for the lumbar spine from 20 percent to 10 percent was improper, and restored a 20 percent rating for the lumbar spine disability effective July 1, 2009. The increased rating claim will be remanded to obtain VA outpatient records.

The Board has determined that the Veteran's current lumbar spine disability is related to his military service, and thus granted his claim for service connection.

The Board has remanded the case for a videoconference hearing at the RO in Phoenix, Arizona due to the Veteran's relocation.

The Veteran's disability of thoracolumbar spine has been evaluated at a 10% rating, but the evidence does not meet or approximate the criteria for a higher rating under the applicable VA rating criteria.