Back / lumbar spine decisions — 2012

The Veteran's appeal is being remanded due to incomplete development. The claim for a higher rating for lumbar muscular strain and the secondary service connection claim for degenerative disc disease are both pending.

The Board has determined that new and material evidence has been received to reopen the claim for service connection of a low back disability, which was previously denied in November 1997. The Veteran's current medical records suggest he may have a low back disability attributable to service.

The Board has granted service connection for gastritis and for lumbar spine degenerative disc disease and osteoarthritis, finding that the current conditions are at least as likely as not related to active military service.

The Veteran's appeal was dismissed due to his death, and no service connection decision could be made.

The Board has determined that the Veteran's chronic low back disorder is service connected, resolving all reasonable doubt in his favor.

The Veteran's appeal is being remanded for further development, including scheduling a videoconference hearing and implementing the Board's March 2011 award of a 50 percent initial rating for PTSD.

The Board has ordered additional development to verify the appellant's periods of ROTC, ACDUTRA and/or INACDUTRA service. The claims will be remanded for further review after the requested development is completed.

The Board denied the Veteran's claims of service connection for various conditions, including a left knee disability, lumbar spine disability, cervical spine disability, cardiovascular disabilities, PTSD, and an acquired psychiatric disability. The decision found that these conditions were not incurred or aggravated by active service.

The Board has remanded the case due to inadequate VCAA notice and additional development is required before the Board can adjudicate the Veteran's pending claims.

The Veteran's low back disability is currently rated at 40 percent, effective March 13, 1991. The claim for a separate evaluation for radiculopathy of the right lower extremity is granted.

The Board has remanded the case for further development and consideration of the Veteran's claim for service connection for a low back disability. The case will be reviewed by the AMC/RO based on all available evidence, including any additional information obtained as a result of this remand.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is related to his active service and was not aggravated by such service, thus granting service connection.

The Board denied service connection for a low back disorder, finding that the Veteran's preexisting spina bifida occulta at L1 was not aggravated by military service and did not result in any superimposed disease or injury.

The Board found that the Veteran's back disability was not incurred in or aggravated by active service and denied his claim for service connection.

The Board has determined that the Veteran does not have a low back disability as a residual of a head injury incurred during service and therefore, service connection is denied. The Board also found no evidence to support the claim for bilateral leg disability (to include sciatica) being secondary to the low back disability.

The Board denied the appellant's claims for service connection for tinnitus on a direct-incurrence basis, entitlement to a compensable initial rating for bilateral hearing loss prior to February 23, 2009, and entitlement to service connection for a right knee condition and degenerative disc disease of the lumbar spine.

The Board has determined that the Veteran's current cervical and lumbar spine disabilities are not related to his military service. The right foot stress fracture residuals have been granted as a result of in-service injury.

The Veteran has been granted service connection for degenerative disc disease of the cervical spine and cervical spinal stenosis, which are found to be related to his military service.

The Board has determined that the Veteran withdrew his appeal regarding a rating in excess of 50 percent for bilateral pes planus with degenerative joint disease and hallux valgus. The remaining issues are addressed below.

The Veteran's claims for service connection for an acquired psychiatric disorder and a low back disorder have been reopened. Further development, including VA examinations and retrieval of all relevant VA treatment records, is needed to determine if these conditions are related to active duty service.