Back / lumbar spine decisions — 2012

The Veteran's appeal is remanded for a new VA examination to determine the nature and etiology of any current back disability, including whether it was incurred or aggravated as a result of his service-connected chronic sinusitis.

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

The Board has determined that the Veteran should undergo VA examinations to assess his low back disability, bilateral hearing loss, obstructive and restrictive airway disease, and service-connected disabilities for a total disability rating due to individual unemployability (TDIU).

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and SSA disability benefits records. A VA examination will also be scheduled to determine the nature and etiology of his claimed night sweats.

The Veteran's claims for service connection for a colon and digestive disorder, recurrent tinnitus, lumbar spine disorder, bilateral knee disorder, and bilateral shoulder disorder have been denied as there is no competent medical evidence linking these conditions to his active military service.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical opinions and treatment records. The appeal will be remanded to the RO/AMC for these actions.

The Board has determined that the Veteran does not have arthritis of the arms, shoulders, hands, and legs. The claim for service connection is denied.

The Board has granted the Veteran's application to reopen his previously denied claim for service connection for a back disorder. The issue of service connection for bilateral foot disorder is also addressed and will be remanded for further development.

The Veteran's service connection for lumbosacral strain is granted. The Board also finds that the Veteran meets the criteria for a TDIU rating due to his service-connected disabilities, including bilateral hearing loss and tinnitus.

The Veteran's service-connected disabilities, including a low back disability, left knee disability, right knee disability, and right thumb laceration, have rendered him unable to secure or follow substantially gainful employment. The Board has granted the claim for TDIU.

The Board found that the Veteran's current low back disability is not related to his service, including as due to an injury sustained therein.

The Board has determined that additional development is needed for the Veteran's claims, including a new VA examination to assess his lumbar spine disability and internal hemorrhoids. The case will be returned to the RO for further action.

The Veteran's low back disability has been granted an initial rating of 20 percent, effective March 1, 2007. The claim for an earlier effective date is denied.

The Veteran's claims for service connection for tinnitus and a rating in excess of 30 percent for right knee disability were denied. The Board found that there was no credible evidence to support the current existence of these conditions, particularly regarding tinnitus.

The Veteran's service-connected traumatic arthritis of the lumbar spine is currently rated at 40 percent and no higher, as there is no evidence of ankylosis or incapacitating episodes meeting the criteria for a higher rating.

The Board has determined that the Veteran's low back disability, diagnosed as degenerative disc disease of the thoracic-lumbar spine, had its onset during service and is therefore granted service connection.

The Board has determined that the Veteran's low back disability is not related to his service-connected bilateral foot disability and therefore denied the claim for service connection.

The Board denied service connection for schizo-affective disorder and low back disability as there was no evidence of in-service disease or injury, nor any link to a disease or injury in service.

The Board has remanded the case for further development, including obtaining private treatment records and a VA examination to determine if the Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment.

The Veteran's claim for an earlier effective date for the award of service connection for major depression and the assignment of a 40 percent disability rating for his service-connected lumbar strain is being remanded due to procedural issues.