Back / lumbar spine decisions — 2012

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection of a low back disorder, including obtaining medical opinions and records.

The Board has remanded the case for further development and readjudication, including consideration of a higher rating under the pre-September 2002 criteria for IVDS (previously Code 5293). The effective date for neurological manifestations is also to be reviewed in light of retroactive service connection.

The Board found that the Veteran's current back disorder is not related to his military service and denied the claim for service connection.

The Board has determined that the Veteran does not have current residuals from an infected toe, and his bilateral knee disorder and low back disorder are not related to service. The Veteran's residuals of a head and neck injury (claimed as tremors and a seizure disorder) were not incurred in or aggravated by active service.

The Board has remanded the case for further development due to issues related to service connection for a low back disorder and a psychiatric disorder, including as secondary to a low back disorder.

The Board found that the Veteran does not have a current diagnosis of a lumbar spine disability and denied his claim for service connection. For the right knee issue, the Veteran's initial evaluation was also denied as there is no evidence of ankylosis or other disabling conditions.

The Veteran's claims for service connection for low back and neck disabilities are being remanded due to the need for additional development, including VA examinations and obtaining relevant medical records. The claim for PTSD is characterized as a psychiatric disability.

The Veteran's low back disability was not first manifested on active duty service or within the first post-service year, and the preponderance of the evidence is against a finding that it is related to military service.,Service connection for a low back disability is denied.

The Board has reopened the Veteran's claim of entitlement to service connection for PTSD and finds that new evidence submitted since the last denial raises a reasonable possibility of substantiating the claim. The Veteran's hearing loss is not considered a disability for VA compensation purposes.

The Veteran is seeking service connection for degenerative joint disease of the lumbar spine, which he claims is secondary to his service-connected left knee disability. The Board has determined that a remand is necessary to obtain additional medical opinions and review updated VA treatment records.

The Veteran's claim for hypertension was reopened and granted. His lumbar spine degenerative disk disease is currently rated at 20 percent since May 30, 2011.

The Veteran's claims for an initial compensable evaluation for bilateral hearing loss and service connection for tinnitus were granted. However, his claims for lumbar spine disability, right knee osteoarthritis, and cervical spine disability were not supported by evidence of a nexus to active duty service.

The Veteran's claims for increased ratings for his right shoulder rotator cuff impingement, right elbow traumatic arthritis, and cervical spine degenerative disc disease are being remanded due to the need for additional development of medical records.

The Veteran's lumbar degenerative disc disease is rated at 20 percent since July 11, 2005. Separate 10 percent ratings are assigned for bilateral lower extremity radiculopathy from that date.

The Veteran's TDIU claim is being remanded for further review due to the need to consider whether a TDIU on an extraschedular basis should be granted.

The Veteran's claim for increased ratings for his low back disability is being remanded due to the need for additional VA treatment records, a new VA examination, and compliance with previous Board directives.

The Veteran's appeal is being remanded for a personal hearing before a Veterans Law Judge seated at the RO. The issues of service connection for diabetes mellitus, type II; psychiatric disability; and low back disability are pending.

The Veteran's initial rating for lumbar spinal stenosis was increased from 10 percent to 20 percent effective March 12, 2010. The skin condition claim and total disability rating claim were not addressed in this decision.

The Board has remanded the case for further development due to incomplete or insufficient evidence, including audiometric test results and medical opinions.

The Board has determined that the Veteran's service-connected disabilities, alone, do not render him unemployable. The Director of Compensation and Pension Service concluded that the Veteran was not unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities.