Back / lumbar spine decisions — 2012

The Board has found new and material evidence to reopen the claim of entitlement to service connection for a low back disability. The reopened claim will be addressed in the REMAND which follows.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examinations and records, addressing the TDIU claim, and ensuring proper duty-to-assist notice has been provided.

The Board has remanded the case due to the need to obtain in-service clinical records and additional service personnel records (SPRs). The Veteran's claims for service connection are related to new evidence submitted, specifically his back injury during active duty.

The Veteran's headaches were related to service and granted service connection.

The Veteran's appeal is being remanded to the RO for scheduling a Board video-conference hearing in lieu of his previously scheduled Travel Board hearing. The matter will be returned to the Board after the hearing.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal prior to a decision being made.

The Veteran's lumbosacral spine disability was rated at 10 percent prior to November 18, 2008, and increased to 40 percent thereafter.

The Board found no evidence linking the Veteran's current back disability to his service, including a landmine explosion during active duty. The preponderance of the evidence supports that any current condition is due to natural degenerative processes rather than military service.

The Board denied the Veteran's claims of service connection for neck disorder, back disorder, right shoulder injury, and left shoulder disorder. The Veteran was granted a noncompensable rating for bilateral pes planus.

The Board found that the Veteran's degenerative disc disease of the cervical spine was not incurred in or aggravated by active service and denied his claims.

The Board has remanded the case due to incomplete records and need for updated VA treatment records. The Veteran's service connection claims for back disorder and bilateral hip disorder are pending.

The Veteran's left distal tibia/fibula fracture residuals are currently rated as 10 percent disabling. The evidence does not support a higher rating.,The Veteran's service-connected left lower extremity sciatica is currently rated as 10 percent disabling. The evidence does not support a higher rating.,For the period from September 22, 2005 to February 20, 2006 and from May 5, 2006 to June 14, 2009, the Veteran's thoracolumbar spine disability is rated as 10 percent disabling. For the period from February 21, 2006 to May 4, 2006, a 20 percent rating is warranted due to guarding severe enough to result in abnormal gait.,For the portion of the period from June 15, 2009 forward, a 20 percent rating is warranted for the Veteran's thoracolumbar spine disability.

The Board has denied the Veteran's claims for service connection for a back disability and diabetes mellitus, and has granted service connection for PTSD with a rating of 30 percent. The issue of an increased rating for PTSD remains pending.

The Board has granted service connection for dry eye disorder in the right eye, as a residual of right eye surgery. The issue of an initial disability rating in excess of 10 percent for lumbar strain is remanded.

The Board found that the Veteran's cervical spine and lumbar spine disorders are not related to his military service, thus denying both claims.

The Veteran's claim for higher ratings for degenerative disc disease of the lumbosacral spine was denied. The Board found that before October 12, 2010, the disability did not meet the criteria for a rating higher than 20 percent and from October 12, 2010, it did not meet the criteria for a rating higher than 40 percent.

The Board has determined that the Veteran's claims for service connection for peripheral neuropathy of the bilateral upper and lower extremities, as well as a low back disability, cannot be granted based on the evidence of record. The appeal is denied.

The Veteran's appeal is being remanded for additional development of his service-connected disabilities and their impact on his employability. The case will be returned to the Board after this.

The Board has remanded the case for additional development, including an examination to assess the etiology of any current low back disorder and reconcile the findings of previous VA examiners with a previously unavailable May 1985 VA treatment record.