Back / lumbar spine decisions — 2012

The Board has determined that the Veteran's low back disorder was not incurred in or aggravated by active service and thus denied her claim for service connection. The other issues, including increased evaluation for a surgical scar and claims for pelvic and abdominal disorders, are pending as their status is unknown.

The Veteran's appeal is being remanded for additional development to determine the nature and extent of his service-connected disabilities, as well as whether he has other disabilities that are related to his military service.

The Veteran withdrew his appeal concerning the increased initial rating for a lumbar spine disability.

The Veteran's service-connected chronic low back syndrome due to degenerative disc disease of the spine is currently rated at 20 percent, effective February 2, 2007. The VA examiner found that the disability does not meet criteria for a higher rating as it does not result in ankylosis or incapacitating episodes.

The Veteran's claim for special monthly compensation based on the need for aid and attendance due to her service-connected disabilities is being remanded as additional medical inquiry is required.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA health-care professional to review the file and provide an opinion on whether the current lumbar strain is related to the fall during active duty for training in July 2000.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA examinations to address the etiology of his claimed conditions.

The Board has received notification of the appellant's withdrawal of his appeal, and thus the case is dismissed.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a medical opinion regarding the Veteran's service connection claims.

The Veteran's appeal is being remanded for a new hearing before a Veterans Law Judge at the RO.

The Board granted the appellant's attempt to reopen his claim of entitlement to service connection for a lumbar spine disorder, and also granted him service connection for this condition as secondary to his service-connected disabilities.,However, the Board denied an increased rating in excess of 10 percent for the fractured left leg residuals.

The Board found that the Veteran's service-connected bilateral knee disability did not cause or aggravate his low back disorder beyond its natural progression.

The Board has determined that the Veteran's claims need further development and remand, including obtaining clarification on his representation status and providing him with proper notice. The claim for service connection for a low back disorder will be remanded to obtain an adequate VA examination.

The Board has remanded the case due to issues with the TDIU determination, including needing clarification on whether the Veteran's service-connected disabilities are severe enough to prevent him from gainful employment. Additional development is required.

The Veteran's claim for service connection for hypertension, cervical spine disorder, heart condition, digestive disorder, thyroid disorder (secondary to herbicide exposure), and erectile dysfunction is granted. Service connection for PTSD has an effective date of July 7, 2004. The right knee disability remains rated at 10 percent.

The Board finds that the Veteran's current low back disability is not related to active service or any incident of service.

The Veteran's cervical spine disability is rated at 30 percent since August 18, 2011. The rating reflects the limitation of motion and neurological symptoms without ankylosis.

The Veteran's claim for an increased evaluation of her service-connected degenerative joint disease of the lumbar spine was denied. The Board found that the evidence did not support a finding of a current diagnosis of PTSD and concluded that there is no link between any psychiatric disability and service.

The Board has reopened the Veteran's claim of service connection for a low back disability and finds that new and material evidence has been received. The Veteran is entitled to service connection for degenerative joint disease of the lumbosacral spine, as his symptoms are related to his active duty service.

The Veteran's service-connected low back strain, joint pain due to an undiagnosed illness affecting the right ankle, left hip, and both shoulders, and sinusitis with headaches and blurred vision are all rated at their maximum disability levels of 20 percent.