Back / lumbar spine decisions — 2012

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran's claim for a higher level of special monthly compensation based on the need for aid and attendance is being remanded due to the need for additional examination and opinion from a VA physician.

The Board has granted the Veteran's claims for service connection for right and left shoulder bursitis, lumbar myositis, and major depressive disorder or other acquired nervous disorder (secondary to service-connected residuals of leishmaniasis).

The Veteran's claims for increased ratings on an extraschedular basis are denied as the evidence does not show exceptional disability picture that renders application of the regular schedular standards impractical.

The Veteran's claims for service connection for various conditions as accrued benefits were granted. The conditions include a back disorder, bilateral hearing loss, tinnitus, kidney disorder, respiratory disorder (including lung disorder and shortness of breath), gastrointestinal disorder other than adenocarcinoma of the stomach, headache disorder, skin disorder, and urinary bladder disorder.

The Veteran's service-connected disabilities do not meet the criteria for a schedular TDIU rating. However, his unemployability due to these conditions is considered on an extraschedular basis and referred to the Director of Compensation and Pension Service.

The Veteran's appeal is remanded for additional development of the evidence, including obtaining recent VA and private treatment records and scheduling a VA examination to assess the current severity of his service-connected lumbosacral spine disability.

The Veteran's service-connected lower back strain is currently evaluated at 20 percent, but the Board finds that his disability does not warrant a higher rating based on current evidence.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claim of entitlement to service connection for his low back disorder is pending.

The Veteran's claim for service connection for joint pain, other than the low back, right leg, right shoulder, feet, and left wrist, was denied as there is no evidence of a qualifying chronic disability or a medically unexplained multisymptom illness.

The Board has remanded the case for a new VA examination to determine if the Veteran's low back disability is related to service, and whether it was aggravated by a motor vehicle accident post-service. The appeal will be reconsidered based on all evidence.

The Board has determined that the Veteran's current low back disorder, diagnosed as degenerative joint disease and degenerative disc disease, is related to his active service. The decision grants service connection for this condition.

The Veteran's claim for a higher disability rating for his residuals of a fracture of the left transverse process of the second lumbar vertebra was denied by the Board, as the evidence did not meet the criteria for a disability rating in excess of 20 percent.

The Board has reopened the Veteran's claims for service connection for bilateral hearing loss and a lumbar spine disability. The evidence received since the last final denial shows current hearing loss that meets VA criteria for consideration as a disability, and suggests that the Veteran's hearing loss is related to acoustic trauma sustained in service. The Board also finds new and material evidence relating the Veteran's back disability to an incident during active service.

The Board has remanded the claims of increase for PTSD and service connection for a cervical spine disability due to new evidence submitted by the Veteran's attorney in November 2011, including VA records since May 2007.

The Board has reopened the claims for service connection for a left shoulder disability with tingling sensation of the left hand, a heart disorder, and a neck disorder. The decision remains undecided on other issues.

The Board denied the Veteran's claims for service connection for left hip trochanteric bursitis and lumbar spondylosis, finding no evidence of a nexus between these conditions and his active service.,The Board also found that there was insufficient medical evidence to support the Veteran's contention that his current back condition is secondary to his service-connected right ankle sprain.

The Veteran's spinal disability was granted a 20 percent rating for degenerative arthritis of the thoracic and lumbar spine, effective April 9, 2010. His hip disability remains at 10 percent.

The Veteran's appeal is being remanded to the RO for issuance of a statement of the case regarding his claim to reopen service connection for a low back disability. The Veteran must perfect an appeal if he wishes to have this issue reviewed by the Board.

The Board has remanded the case due to a need for current medical opinions on service connection and increased rating issues, as well as for additional development of records.