Back / lumbar spine decisions — 2012

The Board denied the Veteran's claims for service connection for a left hip disability and low back disability, finding that there was no evidence of current disabilities related to service.

The Board has determined that the Veteran's low back disorder is service-connected, with no specific rating assigned and no effective date provided.

The Board denied reopening of the claim for service connection for a back disorder, finding that new and material evidence had not been received. The Veteran's current low back disorder is believed to have pre-dated his military service.

The Board found that the Veteran's current back disability is not related to service and denied his claim for service connection.

The Veteran's preexisting lumbar spine disorder was aggravated by active duty service, and the Board grants service connection for this condition. The claim related to cold injury residuals is remanded for further development.

The Board has determined that the Veteran's current lumbar spine disability, including lumbar disc herniation and lumbar strain, is related to his active service. As a result, the claim for service connection is granted.

The Board found no credible evidence of a back injury during service and concluded that the Veteran's current low back disorder is not related to his military service.

The Veteran's claims for higher ratings for his service-connected psychiatric conditions and low back disability, as well as separate ratings for sciatica of the lower extremities, have been granted. Service connection has also been established for hypertension.

The Veteran's claim for an extension of the delimiting date and retroactive award of educational assistance benefits was denied as he did not meet the eligibility criteria due to his completion of the apprenticeship program in carpentry.

The case is being remanded for additional development, including providing notice regarding personal assault claims and associating medical records. A clarifying opinion from a VA psychiatrist on the question of whether any currently manifested psychiatric disorder first manifested during active service or is related to event(s) during active service will also be obtained.

The Board has determined that the Veteran does not have a current diagnosis of a nervous disorder or diabetes mellitus, type II. The claims for service connection for chronic low back strain, right eye disorder, bilateral sensorineural hearing loss, and tinnitus are denied.

The Veteran's service-connected lumbar spine DDD and DJD have not resulted in forward flexion of the thoracolumbar spine less than 30 degrees, ankylosis, or incapacitating episodes. Therefore, his claim for a higher initial evaluation is denied.

The Veteran's lumbosacral strain with residuals is currently rated at 10 percent, and the Board finds that this rating adequately reflects his disability level and symptomatology.

The Board has remanded the case for additional development, including obtaining SSA records and VA treatment records, scheduling examinations to assess the Veteran's spine conditions, PTSD, and right ankle disability, and issuing an SOC regarding premature ventricular contractions with bradycardia.

The Board has denied the Veteran's claims for service connection for a right shoulder disability, left leg length discrepancy, and low back disability. The evidence does not support a finding of in-service injury or disease resulting in these conditions.

The Veteran's appeal for service connection for sleep apnea was withdrawn prior to the Board making a decision. The remaining issues of increased evaluations for back disability, gastroesophageal reflux disease, and hemorrhoids are remanded for further development.

The Veteran's appeals for service connection and increased ratings have been withdrawn, thus these issues are dismissed.

The Board has remanded the case for a videoconference hearing before a Veterans Law Judge (VLJ). The Veteran's request for a hearing was forwarded to the Board, and his documents are now associated with his claims folder. A hearing will be scheduled if requested by the Veteran.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing at the earliest available opportunity.

The Veteran's low back disorder, heart disorder, and hypertension are not found to be related to his service-connected hydronephrosis or any other service-connected disability.