Back / lumbar spine decisions — 2012

The Board finds that the evidence is at least in a state of relative equipoise in showing that a hip disorder, currently manifested by DJD of the bilateral hips, was as likely as not incurred in or aggravated by active service. Service connection for a hip disorder is granted.

The Board finds that the Veteran's currently diagnosed degenerative disc disease (DDD) of the lumbar spine is related to his period of active military service, and grants service connection for this condition.

The Veteran's lumbosacral strain and associated radiculopathy of the right lower extremity were granted increased ratings, with a combined evaluation of 20 percent effective from November 4, 2010.

The Veteran's left elbow, left ring finger, skin, left knee, right knee, and lumbar spine disabilities have been rated as noncompensable or 10 percent prior to July 19, 2011. Effective July 19, 2011, the ratings for left elbow and left knee disabilities were increased to 10 percent.

The Veteran's degenerative joint disease of the lumbosacral spine is currently rated at 10 percent prior to November 8, 2010. The Board finds no evidence supporting a higher rating based on incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's low back disability, and a new VA examination is needed.

The Board has ordered the VA to obtain additional service treatment records from the Veteran's period of active duty service in Vietnam, particularly any reports from the U.S. Air Force Base Hospital at Cam Ranh Bay and/or Tan Son Nhut where the Veteran was treated for cervical back pain in 1967. The VA is also instructed to review the claims file with a new examiner who may provide an opinion on the nature and etiology of the Veteran's claimed cervical and lumbar spine disabilities.

The Veteran's claims for increased ratings and restoration of service connection were remanded due to the need for further development.

The Board has determined that the Veteran's lumbar spine, right knee, and left knee disorders are related to his military service.

The Veteran's lumbosacral strain with degenerative disc disease is rated at 20 percent for the period beginning May 31, 2011.

The Board has remanded the case due to issues related to the character of service and several service connection claims. The appeal is pending further development.

The Board has granted service connection for tinnitus, finding that the Veteran's continuous complaints of tinnitus since his service are sufficient to establish continuity of symptomatology. The low back disorder claim is remanded as there is insufficient nexus evidence provided by the VA examiner and private physician.

The Board has remanded the claims of service connection for various disabilities, including kidney disability, bilateral hearing loss, cervical spine disability, head injury residuals, left clavicle injury residuals, low back disability, and sciatica. The appeal is not about service connection at all.

The Veteran's appeal is being remanded to schedule a hearing before the Board of Veterans' Appeals at the RO.

The Veteran's claim for service connection for low back pain, degenerative joint disease and spondylosis was granted effective December 18, 2006. The rating assigned is 20 percent.

The Board finds that the Veteran's psychiatric disability is related to her service-connected left ankle disability, and her headaches are related to active service. However, there is no evidence of a direct relationship between any other claimed disabilities and service.

The Veteran's lumbar strain with spondylolisthesis and hypertrophic changes facet joint, right L4-5, is currently rated at 10 percent. The issues of increased rating for the lumbar strain and service connection for sleep apnea are both granted.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claims for service connection for right knee disorder, lumbar spine disorder, migraine headaches, and acquired psychiatric disorder (PTSD).

The Board has reopened the claims for service connection of pulmonic systolic murmur, bilateral knee disorder, and back disorder. However, no new rating or effective date is assigned as the evidence does not meet the criteria for a higher rating.

The Veteran's service-connected lumbosacral strain and radiculopathy of the lower extremities have rendered him unable to secure or maintain substantially gainful employment, with all doubts resolved in his favor.