Back / lumbar spine decisions — 2012

The Veteran's appeal is being remanded for further review of his service-connected low back disability, including the consideration of associated neurologic abnormalities and the readjudication of his claim for TDIU.

The Board has determined that the Veteran's current lower back disability is not caused by or aggravated by his service-connected leg length discrepancy, and thus does not meet the criteria for service connection. The Veteran's claim for TDIU was also denied.

The Board denied the Veteran's claims of service connection for a low back disorder, as well as his PTSD and left knee disability rating claims. The Board found that there was no evidence linking these conditions to his active military service or any service-connected disabilities.

The Veteran's appeals for increased ratings have been withdrawn. As a result, the claims are dismissed.

The Board has remanded the case for further development of the record, including obtaining a supplemental opinion from a VA physician regarding whether the Veteran's low back disorder is related to his service or aggravated by his service-connected cervical spine disability.

The Board has determined that the Veteran's current back disability is related to his military service, granting service connection for degenerative arthritis of the lumbosacral spine.

The Veteran's cervical spine disability warrants a combined staged rating of 30 percent prior to November 19, 2007; 40 percent from November 19, 2007 to November 20, 2011; and 30 percent from November 21, 2011.

The Board has determined that the Veteran's degenerative arthritis of the lumbosacral spine is etiologically related to his military service, and therefore grants service connection for this condition.

The Board has remanded the case due to inadequate development of records and further review is required.

The Board has determined that the Veteran's current low back disorder is related to his service-connected residuals of frostbite of the bilateral lower extremities, and thus grants service connection for this condition.

The Board has granted a 20 percent rating for the Veteran's lumbar intervertebral disc syndrome (IVS) and denied service connection for left leg radiculopathy. The initial rating for right leg radiculopathy pain is also granted.

The Board denied the Veteran's claims for service connection for bilateral knee, calf and shin pain and for an initial evaluation in excess of 20 percent for chronic lumbar strain.

The Board has determined that the Veteran's low back disorder is related to his military service and grants the claim of service connection for a low back disability.

The Board denied the Veteran's claims for service connection for various conditions, finding that none were incurred or aggravated by his active military service and no presumption of exposure to herbicides applied.

The Board found that the Veteran's acquired psychiatric disabilities clearly and unmistakably preexisted service and were not aggravated by service. The claims for back disability and tinnitus are denied as there is no evidence of onset during or related to service.

The Veteran's degenerative disc disease of the lumbosacral spine warrants a 20 percent rating for the entire appeal period, as it meets the criteria for such under VA regulations. For anxiety disorder, an initial rating in excess of 30 percent is not warranted during the initial rating period from June 21, 2006 to August 23, 2009.

The Board has remanded the case for a VA examination to determine if the Veteran's service-connected lower extremity disabilities caused or aggravated her low back disorder. The Veteran is also asked to provide any additional records from Dr. Bono.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Board has determined that additional development is necessary to determine if the Veteran was deployed to Iraq and whether her current spine condition is related to service. The claims for PTSD will be remanded as well.

The Board has remanded the case for scheduling a hearing before a Veterans Law Judge at the RO due to the Veteran's request. The claims for reopening service connection for low back and right knee disabilities remain pending.