Back / lumbar spine decisions — 2012

The Veteran's claims for initial compensable disability ratings for service-connected chronic lumbar strain and allergic rhinitis are being remanded due to the need for additional medical examinations.

The Board has determined that the Veteran's claim for service connection of a low back disability requires additional development, including obtaining medical records and scheduling an examination.

The Board has granted service connection for various conditions including bilateral foot disabilities, left and right hip/knee disabilities, rhinitis, chronic sinusitis, residuals of a nasal fracture (including deviated septum), sleep apnea, and chronic folliculitis. The Veteran's hearing loss is also service connected.

The Veteran's lumbar spine disability was rated at 40 percent, and he is seeking higher ratings for other conditions. The Board found that the current rating adequately reflects his condition.

The Board has dismissed the appeal for diabetes mellitus and is remanding the remaining issues of service connection for hepatitis C, a low back disability, and postoperative residuals of a right inguinal hernia. The Veteran will be afforded VA examinations to determine the etiology of his claimed conditions.

The Board denied service connection for left arm numbness as secondary to a service-connected disability, and denied claims for increased ratings for residuals of right acromioclavicular separation and shoulder injury and degenerative changes at L4-5 and L5-S1 with intervertebral disc space loss.

The Veteran's claim for special monthly pension based on housebound status or permanent need for regular aid and attendance has been remanded due to an inadequate examination. The case will be readjudicated after a new VA examination is conducted.

The Board has remanded the claim due to a lack of current diagnosis and need for a VA examination to determine the nature and etiology of the Veteran's claimed low back disorder.

The Veteran's initial increased ratings for his service-connected lumbar and cervical spine disabilities have been denied. The VA has not provided a rating in excess of the currently assigned disability ratings.

The Veteran's service-connected lumbar strain has been evaluated at 20 percent since June 27, 2007. The Board finds that the evidence does not support a higher evaluation for any point in time.

The Board found that a chronic low back disability was not present until more than one year after the Veteran's discharge from service, and concluded that his current low back disability is not etiologically related to his active service.

The Board has granted service connection for scoliosis, finding that the Veteran's active duty service is related to his current condition. However, there is insufficient evidence to establish a link between the Veteran's low back disorder and his active duty service.

The Board has determined that the Veteran's lumbar spine disability was not incurred in service and denied his claim for service connection. The claims of service connection for diabetes mellitus, high blood pressure, and a heart disorder are also denied.

The Veteran's service-connected low back disability and right foot fracture with osteochondritis dissecans render him unable to secure or maintain substantially gainful employment, warranting a TDIU.

The Board has remanded the case due to additional evidence being added to the file since the last Supplemental Statement of the Case (SSOC). The veteran is requested to respond to this new SSOC.

The Board has remanded this case for a hearing at the RO before a Veterans Law Judge due to the judge conducting the initial hearing no longer being employed by the Board.

The Veteran's death was caused by acute combined drug toxicity, which resulted from medications prescribed for his service-connected disabilities. The Board found that the cause of death was related to service.

The Veteran's claim for a higher rating for his lumbar spondylosis is being remanded due to the need for additional examination and treatment records.

The Board has reopened the claim of service connection for a low back disability due to new and material evidence presented. However, further development is needed before the merits of the claim can be adjudicated.

The Board has remanded the claims of service connection for a right ankle disability and reopened claims for cervical, lumbar spine, bilateral hip, and bilateral knee disabilities due to conflicting evidence regarding their etiology. Further development is needed.