Back / lumbar spine decisions — 2012

The Board has reopened the claims of service connection for a rib disability and an acquired psychiatric disorder, but denied the claim for low back disability. The decision is mixed as some issues were granted while others were not.

The Veteran's claim for additional compensation for a dependent student daughter was denied as he was not eligible for concurrent receipt of military retired pay and VA disability compensation until August 8, 2007. The benefits were withheld from March 1, 2007 through April 30, 2008 due to his concurrent receipt of military retired pay and VA compensation.

The Veteran's appeal is being REMANDED to the RO for further examination and readjudication of his TDIU claim due to incomplete opinions regarding the impact of his service-connected disabilities on his employment.

The Board has decided to remand the case for further development, including obtaining additional medical records and scheduling a VA examination.

The Board denied the Veteran's claims of service connection for PTSD, an acquired psychiatric disorder other than PTSD, tinnitus, a left leg disorder, a back disorder (claimed as back arthritis), and a respiratory disorder. The decision concluded that there was no current diagnosis of PTSD in accordance with DSM-IV criteria and that the link between current symptoms and an in-service stressor could not be established.

The Board has reopened the claim of entitlement to service connection for a low back disorder due to INACDUTRA periods. The Veteran's congenital spinal stenosis is found to have been aggravated by his INACDUTRA periods, warranting service connection.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the etiology of any current low back and right ankle disabilities and whether his calluses of the feet were aggravated by military service.

The Veteran's claims for service connection are being remanded due to the need to obtain additional service treatment records and in-service hospital records. The case will be adjudicated again after these records have been obtained.

The Board has determined that additional development is necessary before the claims for service connection for bilateral hearing loss and a low back disorder can be adjudicated.

The Board has remanded the case due to the Veteran's request for a personal hearing before a Veterans Law Judge at the RO. The claim will be returned to the Regional Office (RO) for further action.

The Veteran's right shoulder disorder is not service-connected as there is no current diagnosis.,The Veteran's lumbago and bilateral L3-L4, L4-L5, and L5-S1 facet syndrome are considered service-connected due to continuity of symptoms since active duty.

The Board denied service connection for hypothyroidism, degenerative disc disease of the lumbosacral spine, and spondylosis and spinal stenosis of the cervical spine. The conditions were not found to be related to service or any presumptive exposure.

The Veteran's lumbar spine disability is rated at 40 percent, the maximum available under VA regulations. The ratings for radiculopathy in both lower extremities and left foot disability are maintained at their current levels.

The Board has determined that the Veteran's current low back disorder and degenerative arthritis of the lumbar spine are not service-connected, as there is no evidence to support a finding that these conditions were incurred or aggravated during his military service. The eye disability claim was also denied.

The Board has determined that new and material evidence has been received to reopen the Veteran's previously denied service connection claim for a lower back disorder. The issue is further addressed in the REMAND portion of the decision.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a joint disorder of the right hand/fingers. The case is being remanded for further development, including obtaining updated VA treatment records, arranging for additional medical examinations, and readjudicating all issues.

The Veteran's claims for service connection for alcoholism, high cholesterol, right shoulder disability, bilateral pes planus, low back disability, and hemorrhoids have been denied as a matter of law due to the prohibition on direct service connection for these conditions based on their relationship to substance abuse. The claim for initial compensable evaluation for service-connected hemorrhoids is also denied.

The Board has remanded the case for further development, including obtaining medical records and an orthopedic examination to determine if the Veteran's current low back disabilities are related to his military service.

The Veteran's service connection claims for bilateral lower extremity peripheral neuropathy, bilateral restless leg syndrome due to nerve damage, and arthritic thoracolumbar spine with severe degeneration are granted based on diabetes mellitus secondary to herbicide exposure.

The Veteran's low back disability, postoperative lumbosacral disc disease, is currently rated at 20 percent and does not meet the criteria for a higher rating based on limitation of motion or incapacitating episodes.