Back / lumbar spine decisions — 2012

The Veteran's back disability is being remanded for further examination and opinion regarding its relationship to his service-connected left knee fracture with patellar tendonitis.

The Board has determined that the Veteran does not have current left shoulder, left knee, or low back disabilities for which service connection can be granted.

The Veteran's appeal involves claims for service connection, a reduction in rating for bilateral hearing loss, and an earlier effective date for his cervical spine disability. The case is being remanded to allow clarification of the evidence regarding the March 2010 audiogram and to schedule the Veteran for a travel board hearing.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling VA examinations to evaluate his service-connected disabilities. The issues of increased ratings for low back pain, left knee sprain, and traumatic brain injury are also being addressed.

The Veteran's claims for increased PTSD rating and service connection for sleep apnea, migraine headaches, and degenerative disc disease of the lumbar spine are remanded due to insufficient evidence.

The Board has granted service connection for right lumbar radiculopathy as a component of the Veteran's service-connected lumbar spine disability.

The Board has determined that a VA examination is needed to clarify the nature and etiology of the Veteran's low back disability, including whether it is related to service-connected residuals of excision of ingrown toenails of the great toes.

The Board denied the Veteran's claims to reopen his service connection for various knee disabilities, cervical spine fusion, and lumbosacral spine degenerative disc disease. The evidence submitted did not relate to the basis for the prior denial of these claims.

The Veteran's claims for service connection for lumbar and cervical spine disorders are being remanded due to the need for additional development, including a VA examination.

The Veteran's lumbar spine disability has been granted an initial 10 percent rating prior to July 1, 2006.

The Veteran's back condition is currently rated at 40% effective January 4, 2010. The rating was increased from 20% as of that date.

The Board found that the Veteran's low back and bilateral shoulder conditions were not incurred or aggravated by service, and denied both claims.

The Board has denied the Veteran's claims for service connection for a back disability and entitlement to TDIU based on his left knee disability. The evidence considered did not show that these conditions are related to service or service-connected disabilities.

The Board has determined that the current decision is flawed due to an inadequate opinion from a VA examiner, and thus the case is being remanded for further development including scheduling a new VA examination.

The Veteran's claim for an increased rating for migraine headaches has been denied as his headaches have not met the criteria for a 10% rating under Diagnostic Code 8100, which requires characteristic prostrating attacks occurring once every two months over several months.

The Veteran's low back disability is currently rated at 10 percent, and his right knee disabilities are not entitled to higher ratings.

The Board found that the Veteran's lumbar spine disorder was not incurred in or aggravated by active duty service, or within one year of separation from service, nor was it proximately caused or aggravated by a service-connected disability.

The Board denied the Veteran's claim to reopen his service connection for a lumbar spine disability and also denied his claim for service connection for a sleep disability, finding no new and material evidence had been submitted. The Board concluded that there was no separate medically diagnosed sleep disability.

The Board found that the Veteran's respiratory disorder, low back disability, acquired psychiatric disability, and hypertension were not incurred or aggravated by service. The evidence did not support a finding of direct service connection for these conditions.

The Board found no evidence of chronic gastrointestinal or back disorders during service and denied the Veteran's claims for service connection.