Back / lumbar spine decisions — 2012

The Veteran's claim for special monthly compensation (SMC) for loss of use of the feet was denied as he did not meet the criteria for SMC due to his service-connected disabilities, including bilateral knee arthritis and peripheral neuropathy.

The Veteran's appeal is being remanded for additional development, including a VA examination to clarify the severity of his service-connected low back disability and to determine if his left knee OA and right ankle disability are secondary to his service-connected disabilities. The TDIU claim will also be addressed.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling examinations to assess the current severity of the Veteran's service-connected disabilities.

The Veteran's claim for a higher initial rating for degenerative disc disease of the thoracolumbar spine is granted, with an effective date from October 1, 2007. The claim for gastroesophageal reflux disease remains pending.

The Board has granted service connection for tinnitus, left leg disability, back disability, neck disability, right ear hearing loss, left knee instability, and arthritis. The Veteran's claims for a separate rating for left knee arthritis and a higher evaluation for left knee meniscal tear are also granted.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral ankle and knee conditions, bilateral shoulder conditions, residuals of rib fractures, a low back condition, circulatory disturbances of the legs and right toe amputation, and sleep apnea. The evidence did not establish a direct relationship between these conditions and service.

The Board has determined that the Veteran does not have a low back disorder that began in service or is related to his active service. Therefore, the claim for service connection for a low back disorder is denied.

The Veteran's appeal is being remanded to obtain additional medical opinions and evidence, as well as for further examinations to determine the current nature and severity of his service-connected conditions.

The Board has determined that the Veteran's herniated nucleus pulposus, stenosis, degenerative joint disease, and degenerative disc disease at the C5-C6 interspace, as well as his right shoulder myofasciitis with arthritis secondary to right cervical spine radiculopathy, were not incurred or aggravated during active service. The Board found insufficient evidence to support a finding that these conditions are related to service.

The Board has denied the petitions to reopen claims for service connection for right hand, back and neck disabilities due to lack of new and material evidence. The Veteran's claim was previously denied in February 1996 as there was no post-service clinical diagnosis of a right hand disability.

The Board has determined that the Veteran does not have bilateral leg disorders, tinnitus, bilateral hearing loss or a low back disorder that began during service or are causally related to active service.,Service connection for these conditions is denied.

The Veteran withdrew his appeal for the cervical spine issue during a hearing before the Board of Veterans' Appeals. The Board dismissed this issue as a result.

The Veteran has withdrawn all of his claims, including the ones seeking service connection for cervical and lumbar spine disorders and an earlier effective date for the grant of service connection for chronic facial dermatitis.

The Veteran's service-connected disabilities rendered him unemployable prior to May 6, 2005.

The Veteran's claim for a total disability rating based on individual unemployability is being remanded due to the need to adjudicate his service connection claim for ischemic heart disease, which may affect the outcome of his original claim. The claims are inextricably intertwined.

The appellant's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.

The Board has determined that a new medical examination is necessary to address the Veteran's claims for service connection, as the current evidence is insufficient to evaluate these claims. The appeal is REMANDED.

The Veteran's claim for increased ratings for his service-connected thoracolumbar spine disability was denied as the evidence did not meet the criteria for higher ratings under VA rating criteria.

The Board has determined that the Veteran's knee and low back disabilities do not warrant a rating in excess of 10 percent, as they have been shown to cause no more than slight limitation of motion.

The Board has ordered additional development to obtain missing records and a VA examination for the Veteran's low back disorder with left leg radiculopathy. The appeal is being remanded to the RO.