Back / lumbar spine decisions — 2012

The Veteran has withdrawn his appeals for the issues of service connection for a low back disorder, gastrointestinal disorder (claimed as gastroesophageal reflux disease and constipation), and psychiatric disorder (claimed as PTSD, anxiety, and depression).

The Board has determined that the evidence is in approximate balance as to whether the Appellant's low back disability was caused by a period of active duty for training (ACDUTRA). The claim will be granted on this basis.

The Board has granted service connection for migraine headaches as secondary to the Veteran's service-connected lumbar spine disability. The effective date is November 10, 2010.

The Board has determined that the Veteran's current degenerative joint disease of the lumbosacral spine is related to his in-service injury, and service connection for this condition is granted.

The Veteran does not have a current diagnosis of bilateral hip disorder or back disorder that is related to his military service. The Board finds the preponderance of evidence against these claims.

The Veteran's claim for service connection is being remanded due to the loss of his service treatment records and lack of evidence of in-service complaints, treatment or diagnosis. A VA examination will be scheduled to determine the etiology of any diagnosed disabilities.

The Veteran's service-connected disabilities do not meet the schedular criteria for TDIU prior to January 1, 2002. From January 1, 2002, he meets the schedular criteria but they do not render him unemployable.

The Board found that the Veteran's upper and lower back disorders did not have their onset in service, and there is no evidence linking these conditions to his active duty. The cervical spine disorder was also not linked to service or a service-connected condition.

The Veteran's claim for a higher rating for degenerative arthritis of the lumbar spine, to include lumbar strain, prior to May 6, 2008, was denied by the Board. The issue of whether he is entitled to an increased rating since May 6, 2008, remains pending.

The Board found that all disabilities resulting from the Veteran's September 1982 motor vehicle accident were incurred as a direct result of an act of willful misconduct.

The Veteran's claim for a higher rating for his service-connected degenerative joint disease of the lumbosacral spine with intervertebral disc syndrome is denied. However, he is currently receiving a separate 10 percent rating for right leg mild incomplete paralysis of the sciatic nerve.

The Veteran's service-connected right ankle disorder has aggravated his nonservice-connected low back disorder, resulting in a disability rating of 40 percent for degenerative disc disease of the lumbar spine.

The Board of Veterans' Appeals has determined that the Veteran's current back disability was not incurred in or aggravated by his military service, and therefore denied the claim for service connection.

The Board has determined that additional development is needed to obtain medical records and to conduct examinations for the Veteran's claimed disabilities. The case will be remanded for these actions.

The Board has determined that the Veteran's low back disability, diagnosed as degenerative disc disease status post laminectomy and lumbar decompression with screw placement, was not incurred or aggravated during active duty service.

The evidence does not support a finding that the Veteran's current low back disability is related to his military service.

The Board denied the Veteran's claims of service connection for a right foot disability and a back disability, finding that there was no evidence of chronic conditions during or within one year after service. The current disabilities were not shown to be related to service.

The Board found no evidence of a low back disability in service or within one year post-service, and concluded that the current condition is not related to service. The Veteran's claim for service connection was denied.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional medical records. The Veteran's low back disability is being evaluated to determine if it is related to service or secondary to his service-connected right knee disability.

The Board has determined that the Veteran's low back disability and acquired psychiatric disability (namely depression) are secondary to his service-connected bilateral knee disabilities, and thus service connection is granted.