Back / lumbar spine decisions — 2012

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to address the Veteran's claims. The reopened claims for service connection for a low back disorder and an acquired psychiatric disorder will be reviewed on a de novo basis.

The Board has granted service connection for PTSD with an effective date of May 4, 2007. The Veteran's appeal regarding the initial rating for bilateral hearing loss and the issue of whether to reopen his low back condition claim have been withdrawn.

The Board found that the Veteran's back disorder was not incurred in or aggravated by active military service and did not show to a compensable degree within one year of discharge. The opinion attributed his current condition to age.

The Veteran's appeal is remanded due to the need for updated findings regarding his lower back disability, including range of motion testing and repetitive motion testing. The case will be readjudicated after this additional development.

The Veteran's claims for service connection are being remanded due to the need for a VA examination and consideration of alternative evidence.

The Board has reopened the Veteran's claim for service connection of lumbar and thoracic spine disabilities. The Veteran's right ankle disability is also granted with a 20% evaluation.

The Veteran's appeal involves four issues: increased ratings for his right hip, left hip, and low back disabilities; and a TDIU claim. The case is being remanded to obtain additional medical records, arrange for an examination, and adjudicate the claims.

The Veteran's low back disability is not service-connected and the claim for increased rating of thoracic scoliosis was denied.

The Veteran's claims for increased evaluation, service connection, TDIU, and extraschedular rating were denied. The Board found that the criteria for an increased evaluation of lumbosacral strain with DDD and a history of degenerative arthritis of the lumbosacral spine had not been met, and that there was no evidence of intervertebral disc syndrome or bladder/bowel impairment.

The Board has determined that the Veteran's current left ankle disability is a chronic condition that began in service and continues to this day. The low back disability, however, was not found to be related to service based on the provided evidence.

The Board has remanded the case for further development, including obtaining medical records from Landstuhl, Germany and any pertinent incarceration or employment records. The appeal will be reconsidered after this additional development.

The Veteran's combined disability rating of 50 percent does not meet the schedular criteria for a TDIU. The Board finds that his service-connected disabilities alone are not severe enough to prevent him from securing and following substantially gainful employment.

The Board found that a rating in excess of 10 percent for the Veteran's lumbar spine disability prior to April 1, 2010, and since April 1, 2010, is not warranted as there was no evidence meeting the criteria for higher ratings.

The Board found no evidence of a low back disorder during service or within one year post-service, and the VA examiner opined that any current disorders are not related to service.

The Board has determined that the Veteran's low back disability and bilateral foot fungus were not incurred or aggravated by service, and therefore, denied his claims.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is entitled to a 10 percent rating from July 31, 2004.

The Board has determined that the Veteran's current back disability, diagnosed as degenerative disc disease and spondylosis, is related to his in-service injury. As such, service connection for this condition is granted.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for appropriate VA examinations to assess his bilateral knee and low back disabilities.

The Veteran's appeal is remanded to the RO for additional development, including obtaining medical records and arranging for VA examinations to determine the etiology of his claimed disabilities.

The Board finds that the Veteran does not have a lumbar spine disorder that is related to military service or an event of service origin.