Back / lumbar spine decisions — 2012

The Board has found that the ratings assigned to the Veteran's service-connected cervical spine degenerative joint disease and L5-S1 degenerative disc disease were erroneously combined into a singular rating. The case is remanded for separate adjudication of these conditions.

The Board finds that the Veteran's dizziness disorder is proximately caused by his service-connected heart condition. The lumbar spine disorder was not incurred in or aggravated by military service.

The Board has determined that the Veteran's service-connected lumbar spine strain with degenerative disc disease warrants a rating of 40 percent, as his disability is currently manifested by chronic low back pain and no more than moderate limitation of motion. The issues of entitlement to service connection for GERD, migraines, joint point, a fungal infection of the fingernails, a respiratory disorder, and an eye disorder are addressed in the remand that follows this decision.

The Board has remanded the case for a videoconference hearing before the Board, and no action is required by the Veteran until further notice.

The Veteran does not have degenerative disc disease of the cervical spine that is related to his military service or a service-connected disability.

The Board found that the Veteran's current low back disabilities are not related to his active duty service and denied his claim.

The Board has determined that the Veteran's VA disability compensation should not be recouped due to his receipt of separation pay from a prior period of service. The low back disability is associated with a subsequent period of active duty, and thus does not affect the VA compensation.

The Veteran's claims for service connection for hypertension and a low back disorder were denied. The Board found that the evidence did not support a finding of in-service onset or continuity of symptomatology, nor could it be presumed due to exposure to Agent Orange.

The Board has determined that the Veteran's current low back, bilateral foot, and bilateral ankle disabilities are related to his active service. The claims for these conditions have been granted.

The Board has determined that the claims for hypertension and low back disorder must be remanded to obtain additional medical opinions regarding the etiology of these conditions, as well as their relationship to service-connected disabilities.

The Veteran does not have any of the claimed conditions that were incurred or aggravated by service, and arthritis is not presumed.

The Board has remanded the Veteran's claims for further development, including obtaining SSA records and a VA examination. The appeal is currently pending.

The Board has remanded the case for additional development, including obtaining vocational rehabilitation records and conducting an addendum opinion regarding the Veteran's employability.

The Board found that the Veteran's current back disability was not incurred in or aggravated by his active duty service.

The Board denied the Veteran's claims for service connection for a back disability, bilateral hearing loss, tinnitus, and a disability manifested by impaired balance. The decision found that new evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's request to reopen his claim of service connection for a left elbow disorder has been granted. His claim for an increased evaluation of lumbosacral strain status post laminectomy and discectomy was denied, and he is now receiving TDIU benefits due to his service-connected disabilities.

The Veteran's claim for an increased rating for degenerative disc disease of the lumbar spine was granted, with a current rating of 20 percent effective February 26, 2010.

The Veteran's claims for service connection for cervical and lumbar spine disorders were denied in a February 1991 rating decision. The effective date of the awards was set at September 26, 1994.

The Veteran's tinnitus is found to have begun during service and is therefore granted service connection. The Board finds that additional examinations are needed for the remaining issues.

The Board has determined that additional development is needed to determine the etiology of any lumbosacral spine, left knee, and right shoulder disabilities. The Veteran will be scheduled for VA examinations to address these issues.