Back / lumbar spine decisions — 2012

The Board has determined that there was clear and unmistakable error in the September 1971 rating decision denying service connection for a back disability, as the evidence did not clearly show that the condition preexisted service. Service connection is now granted.

The Veteran's claim for an increased rating for her service-connected degenerative disc disease, LS spine is being remanded due to the need for a new VA examination to assess the current severity of her disability.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back disability. The Veteran's degenerative disc disease of the lumbar spine is found to be related to her period of active service, with chronic complaints of low back pain during service and in the year following separation.

The Board has determined that the Veteran's current back disorder is causally related to his military service, and thus grants service connection for a back disorder.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and issuing a Statement of the Case on his claim for an increased evaluation for right lower extremity radiculopathy.

The Board has determined that the Veteran's lumbosacral strain does not warrant a rating in excess of 20 percent, as his range of motion and symptoms do not meet the criteria for a higher evaluation under the applicable VA Rating Schedule.

The Board found that new and material evidence had not been submitted to reopen the claim of entitlement to service connection for a lumbar disorder with nerve damage, as the Veteran's statements were cumulative and did not provide a medical nexus between his current disability and service.

The Veteran's appeal of neck disability service connection has been withdrawn. The issues of back, leg and eye disabilities are being remanded for further development.

The Board has decided to remand the case for further development, including obtaining National Guard records and clarifying service dates. The Veteran's claim of service connection for degenerative disc disease of the lumbosacral spine will be reconsidered.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a medical opinion regarding the Veteran's low back disability and left leg numbness.

The Veteran's service-connected disabilities are rated as 100% disabling, but he is unable to secure or follow a substantially gainful occupation due to his disabilities. The case is REMANDED for further development and an appropriate VA examination.

The Board has remanded the case due to new evidence received by the AMC, and the Veteran's request for AOJ review of this evidence.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting examinations to address his low back disorder and acquired psychiatric disorder.

The Veteran is unable to maintain substantially gainful employment due to his service-connected disabilities, particularly his low back disability. The Board finds that the criteria for TDIU have been met.

The Board has determined that the Veteran's claims for service connection for breathing problems, lumbar spine disorder, acquired psychiatric disorder (PTSD), liver disorder, Achilles tendon injury, and skin disorder are all denied. The appeals were not decided on a direct basis but rather based on presumptive exposure to herbicides during active duty in Vietnam.

The Board found that the Veteran's degenerative joint disease of the lumbar spine was not incurred or aggravated in service and is not proximately due to, or the result of, his service-connected bilateral knee disabilities.

The Veteran's lumbar spinal stenosis has been found to warrant a higher initial rating of 40 percent, as it meets the criteria for ankylosis in the thoracolumbar spine.

The Veteran's lumbar spine disability is currently rated at 40 percent, and radiculopathy of the right lower extremity is rated as 20 percent disabling. Radiculopathy of the left lower extremity has been rated as moderately severe since August 8, 2011.

The Board has remanded the case to the RO for further proceedings, including adjudication of the claims on their underlying merits and completion of any additional development deemed necessary.

The Veteran's claims for increased ratings and service connection were denied. The residuals of a fracture of the sternum are currently rated at 10 percent, which is the maximum schedular rating available under Diagnostic Code 7804 or 7801. Service connection was not granted for osteoarthritis of the knees or degenerative disc disease of the lumbar spine.