Back / lumbar spine decisions — 2012

The Board has reopened the claim of service connection for a psychiatric disorder and granted service connection. The Veteran's low back disability and bilateral hearing loss are not found to be related to his military service.

The Board found that new evidence submitted by the Veteran raised a reasonable possibility of substantiating his claim for service connection, but concluded that the evidence did not establish a causal link between his current low back condition and his active military service.

The Board found that the Veteran's current right knee, low back, and bilateral ankle disabilities are related to his active service, including multiple parachute jumps as a paratrooper.

The Veteran's service-connected low back strain was initially granted, but her claim for an increased evaluation prior to April 2010 and from April 2010 onwards is denied.

The Board denied the Veteran's claims of service connection for bilateral hip and mid and low back disorders, finding no evidence to support a link between these conditions and his active duty service.

The Board granted the Veteran's petition to reopen his previously denied claim of entitlement to service connection for a back disability, finding that there was sufficient evidence to support the reopening and granting of the claim.

The Veteran's appeal is remanded due to the need for an orthopedic examination and additional development of his claim for a higher rating for low back strain with degenerative disc disease, and paresthesia.

The Veteran's service connection claims for left elbow condition, low back condition, and major depressive disorder have been granted. His claim for high cholesterol was denied as it is not a compensable disability. The Veteran's increased rating for major depressive disorder has been granted to 70 percent effective April 23, 2010.

The Veteran's claim for service connection for pes planus was denied, but his lumbar spine disability has been granted with a 10% rating. The claim for erectile dysfunction secondary to PTSD is also granted.

The Veteran's claim for service connection for hearing loss was denied as there is no evidence of a hearing loss disability for VA purposes. The effective date for the grant of service connection for tinnitus remains November 30, 2007.

The Board has determined that the Veteran does not have current disabilities for the claimed conditions and therefore, service connection is denied.

The Veteran's claim for an increased rating for degenerative disc disease, L4-5 status post laminectomy was denied. The Board found that the disability did not meet or approximate the criteria for a higher rating.

The Veteran's appeal has been withdrawn, and his claim of entitlement to an increased rating for a low back disability is dismissed.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing and his request for a new hearing. The case will be returned to the RO for scheduling a new hearing before the Board.

The Veteran's PTSD causes occupational and social impairment, with deficiencies in most areas, but does not result in total occupational and social impairment. A 70 percent rating for PTSD is granted from June 1, 2008 forward.

The Board has reopened the Veteran's claim for service connection for a low back disability and granted an effective date of February 4, 2008.

The Veteran's service-connected chronic lumbosacral strain is currently rated at 40 percent, which is the maximum schedular rating available for this condition. The Board denied an increased evaluation in excess of 40 percent.

The Veteran's appeal is being remanded for additional development, including gathering of new medical records and scheduling a VA examination to assess the severity of his service-connected lumbar disc disease.

The Veteran's low back disability was found to meet the criteria for a 60% rating from February 2, 2001, to May 3, 2010. A separate 10% rating for radiculopathy of the right lower extremity associated with lumbosacral strain remains in effect.

The Board has determined that the Veteran's back disability, which began in the 1980s and continues to this day, is related to his military service. Service connection for a back disability is granted.