Back / lumbar spine decisions — 2012

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's low back disability is due to or aggravated by her service-connected PTSD and bilateral knee disabilities. The Veteran was also requested to clarify whether she desires a Central Office hearing in Washington D.C., a Travel Board hearing at Huntington RO, or a videoconference Board hearing.

The Board has determined that the Veteran's current low back disability is not related to her service-connected bilateral knee disability and therefore denied her claim for service connection.

The Board found that the Veteran's service-connected bilateral foot disability caused or aggravated his current diagnosed bilateral knee, hip, and low back disabilities.

The Board has determined that the Veteran's back, knee, and hip disabilities are not related to his military service. The claims for secondary service connection must also fail as there is no service-connected primary disability.

The Board denied the Veteran's claim for an increased rating for her service-connected mechanical low back pain, finding that the evidence did not support a higher rating based on the current criteria. The issue of service connection for chronic sinusitis was also denied.

The Veteran's appeal is remanded for additional development to determine the current severity of his service-connected low back disability and to obtain any outstanding medical records.

The Veteran's lumbar spine disability was rated at 10 percent prior to May 15, 2008 and remains rated at 10 percent from that date forward.

The Veteran's attorney is seeking attorney fees in connection with the October 2008 rating decision that granted earlier effective dates for his low back disability, TDIU, and Dependent's Educational Assistance. The appeal is being remanded to clarify if the attorney wishes to continue pursuing this claim.

The Board has remanded the case for additional development, including obtaining service treatment records and VA medical records. The Veteran will be scheduled for a VA examination to determine the nature and etiology of any lumbar spine, left leg, bilateral knee and/or bilateral foot disabilities, sinus disability, and bilateral hearing loss disabilities.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for lumbar spine, right hip, and left hip disabilities. The Veteran's current conditions are found to be unrelated to his military service.

The case is being remanded to obtain reports from any VA electrodiagnostic testing and to schedule the Veteran for a VA examination that includes an interpretation of such testing or, should there be no such reports, afford the Veteran an electromyogram or other electrodiagnostic testing. Additionally, the Veteran's former attorney requested a VA examination to determine if his substance abuse is secondary to his service connected back disability.

The Veteran's appeal is remanded for additional development, including a VA audiological examination to determine the nature and etiology of his right ear hearing loss. The issues are related to service connection based on new evidence.

The Veteran's claim for a TDIU is granted, effective from the date he stopped working on June 30, 2006. The claims for higher ratings of residuals of compression fracture L1 and left knee osteoarthritis are also granted.

The Board has determined that the Veteran's PTSD is not incurred in line of duty due to his own willful misconduct, and thus service connection for PTSD cannot be granted. The claims for back disorder, headaches, hearing loss, high blood pressure, and nasal disorder are also denied.

The Board has remanded the Veteran's claims for additional development, including obtaining records from his former firefighting employer and arranging for a VA examination to determine the nature and likely etiology of his back and left shoulder disabilities.

The Board has remanded the case due to the need for additional development, including obtaining records from SSA and VA healthcare facilities.

The Board has granted service connection for a low back disability effective September 27, 2005 and assigned an initial rating of 20 percent. The Veteran's claim is denied for an earlier effective date.

The Board dismissed the appeal due to the death of the appellant, and no jurisdiction remains for adjudicating the merits of this claim.

The Board has determined that the Veteran's service-connected right leg amputation contributed substantially or materially to his death, resulting in a finding of service connection for the cause of his death.

The Veteran's appeal is being remanded for scheduling a hearing before the Board of Veterans' Appeals. The issues are whether he can establish service connection for degenerative disc disease and if his right foot scar warrants an initial compensable evaluation.