Back / lumbar spine decisions — 2012

The Board found that the Veteran's low back disorder was not related to his active duty service and denied his claim for service connection.

The Board has ordered additional development due to the need for clarification of the Veteran's service connection claims, particularly regarding his back disorder and its relationship to a pre-existing scoliosis.

The Veteran's lumbar spine disability is currently rated as 10 percent disabling, and the right wrist disability is not compensably rated. The Board finds that neither condition warrants a higher rating based on current evidence of record.

The Board finds that there is no evidence of a lumbar spine disorder during service and the preponderance of the evidence is against the Veteran's claim for direct service connection. The lack of competent evidence linking the Veteran's disability to service and the length of time between his separation from active service and first complaints of a back disorder weigh against his claim.

The Veteran's low back disability is rated at 20 percent prior to January 11, 2011 and the claim for a higher rating from that date has been granted. Service connection for neuropathy of the left lower extremity as secondary to his service-connected low back disability has also been established.

The Board has determined that another VA examination is necessary for the Veteran's claims of service connection for a back disability, right index finger fracture, and stomach ulcer. The case will be returned to the RO for further development.

The Veteran's claims for service connection for various disabilities, including foot pain, low back pain, shoulder pain, and neuropsychiatric symptoms, were denied as the evidence did not support a finding that these conditions are related to his military service or an undiagnosed illness.

The Veteran's claim for service connection for ocular hypertension was denied. However, his TDIU due to service-connected disabilities has been granted.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disorder, a right shoulder disability, and an initial evaluation in excess of 40 percent for his lumbar spine disability. The issues were characterized as entitlement to service connection based on direct evidence.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a low back strain. Resolving all reasonable doubt in favor of the Veteran, it is now established that his current lumbar degenerative disc disease was incurred during his active military service.

The Board found no credible or competent evidence linking the Veteran's current low back disability to his in-service injury, and thus denied service connection for this condition.

The Veteran's claims for higher ratings for his low back disability and TDIU rating are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has reopened the Veteran's claims for service connection for left knee and back disorders. The evidence shows that the Veteran had symptoms of back pain during active duty, which he continued to experience post-service. While there is no direct evidence linking his current back disorder to service, the continuity of symptomatology supports a finding in favor of service connection.

The Board denied the Veteran's claims for service connection for a prostate disability and degenerative disc disease of the cervical spine, as well as his requests for increased ratings for tinnitus, left clavicle fracture residuals, and bilateral hearing loss.

The Board found that the RO followed proper procedure in reducing the assigned rating for the Veteran's service-connected low back disorder. The proposed reduction was made following a VA medical examination conducted in June 2008, and the effective date of the reduction was January 1, 2009.

The Veteran's claims for service connection, initial ratings, and earlier effective date are being remanded due to the need for additional development.

The Board has determined that new and material evidence has been received to reopen claims for service connection for right hip disorder, cervical spine disorder, and lumbar spine disorder. However, the claim of service connection for hypertension secondary to PTSD is denied. The Veteran's traumatic arthritis of the right knee and residuals of multiple sprains of the right ankle with traumatic arthritis are each rated at 10 percent.

The Board denied service connection for a lumbar spine disorder and an initial compensable rating for bilateral hearing loss. The Veteran's lumbar spine disorder is not presumed to have been incurred in service, as there was no arthritis manifestation within one year of discharge. His current hearing loss does not meet the criteria for a compensable disability rating.

The Board has determined that the appellant does not have a disability manifested by swelling of the right leg or a low back disability that is attributable to military service. The Board found no evidence linking these conditions to service, and concluded that any current symptoms are more likely due to non-service-related causes.

The Veteran's service-connected PTSD contributed substantially or materially to his death from sepsis due to pneumonia. The Board finds that the Veteran's PTSD aggravated his underlying medical conditions, including hypertension and alcohol abuse, which increased his risk for death.