Back / lumbar spine decisions — 2012

The Veteran's appeal has been withdrawn, and the claim for an increased rating for lumbar spine degenerative disc disease (DDD) is dismissed.

The Veteran's appeal is being remanded for further development of his claims, including obtaining service personnel records and VA treatment records.

The Veteran's claims for service connection for CFS, back disorder, bilateral hearing loss, and refractive errors are denied as there is no current diagnosis of CFS or any disability pattern pertaining to such for consideration of an undiagnosed illness or a medically unexplained chronic multi-symptoms illness.

The Board found that the reductions from 20% to 10% for lumbar strain with degenerative changes and cervical strain with degenerative changes were proper, but not warranted for left tennis elbow or right knee patellofemoral syndrome.

The Board denied increased disability ratings for lumbosacral strain and cervical spine fusion with plate and screws, C5-6, finding that the Veteran's conditions did not meet criteria for higher ratings based on limitation of motion or other factors.

The Board found that the Veteran's timely notice of disagreement was not received by either the RO or the Board within the statutory period, but granted equitable tolling and accepted his December 2008 VA Form 9 as a valid appeal. The claims for service connection were decided on their merits.

The Veteran's claim for an earlier effective date for a compensable rating for the residuals of a thoracic spine injury was denied as there is no factually ascertainable evidence demonstrating an increased disability was manifest prior to July 12, 1995.

The Veteran's low back disability is currently rated at 10 percent, and his left shoulder disability is rated at 20 percent. Both conditions are denied as the evidence does not meet the criteria for a higher rating.

The Veteran's service-connected disabilities, including his lumbar spine and cervical spine conditions, render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's low back condition with sciatica was not incurred or aggravated in service and is not otherwise related to his active duty. The Veteran's hearing loss and PTSD are currently evaluated as they are, without additional compensation being granted.

The Veteran's claim for service connection for a back disorder is being remanded due to the need for an examination and etiological opinion, as well as additional VA medical records.

The Board has remanded the case for further development and examination to determine the etiology of the Veteran's claimed conditions, including their relationship to service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the etiology of his back disability.

The Board found no evidence linking the Veteran's current low back disability or colon cancer to his period of active service. The Veteran's low back pain is not related to any event, injury, or disease in service and arthritis was not manifest within one year after discharge from service. His colon cancer is not a presumptive disease associated with exposure to Agent Orange.

The Board has determined that a VA examination is needed to determine if the Veteran's lumbar spine disability, including degenerative disc disease, is caused or aggravated by his service-connected right knee chondromalacia patella. The case is being remanded for this purpose.

The Board has reopened the Veteran's claim for service connection for lumbar spine degenerative disc disease and determined that new evidence supports this reopening. The claim is then granted as the evidence does not establish a link between the current condition and service.

The Veteran's claim for an initial rating in excess of 20 percent for lumbar strain is being remanded due to the need for additional development, including obtaining medical records and arranging for a VA examination.

The Veteran's claims for increased ratings for cervical spine and left shoulder disabilities were denied. The VA found that the evidence did not support a higher rating for either condition.

The Board has remanded the case for additional development due to missing records and incomplete examination.

The Veteran's claims for service connection for hearing loss, low back disorder, disability manifested by pain in legs and feet, and PTSD were denied. The Board found that the Veteran did not have current disabilities as claimed.