Back / lumbar spine decisions — 2012

The Veteran's claim for an increased rating for his lumbar degenerative disc disease with spinal stenosis at L4-5 was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes of intervertebral disc syndrome.

The Veteran's service-connected disabilities did not prevent her from obtaining or retaining substantially gainful employment prior to January 6, 2006.

The Board has determined that the Veteran's cervical spine and low back disorders are not related to his service, specifically a motor vehicle accident in 2002. The bilateral knee and foot disorders have not been linked to any aspect of his service.

The Veteran's claim for an increased rating for his service-connected low back pain with arthritic changes was denied.,His claim for a temporary total disability rating based on convalescence due to right knee surgery was also denied.

The Board has ordered additional development to verify the Veteran's duty status and obtain his complete STRs, as well as VA and private treatment records. The Veteran is seeking service connection for low back and right shoulder disabilities.

The Veteran's arthritis of the lumbar and cervical spine were not shown to be present during service or within one year thereafter, and any current diagnoses are not attributable to service.,The Veteran's bilateral shoulder disorder has no current diagnosis in the record.

The Board has remanded the case for additional development, including obtaining relevant medical records and scheduling a VA examination. The Veteran's claim of service connection for a lumbar spine disorder will be reconsidered after these actions.

The Board has remanded the case for further action, including scheduling a hearing before a member of the Board.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 40 percent from April 8, 2009. The Board finds that this rating is appropriate based on the evidence showing limitation of flexion to less than 20 degrees with pain.

The Veteran's claim for a temporary total disability rating based on his January 2009 private surgery was denied because the surgery was performed to correct a nonservice-connected herniated disc disease, L4 and L5 back condition.

The Board finds that the Veteran's current hepatitis C, bilateral eye disorder, and lumbar spine disability are not service-connected. The case is being remanded for further development.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, addressing herbicide exposure claims, and scheduling examinations to determine the nature and etiology of any diagnosed conditions.

The Board has reopened the Veteran's claim of service connection for a low back disability and is now considering whether new evidence supports this reopening. The Veteran reported chronic low back pain since an MVA during his military service, but VA records do not support these claims. The current diagnosis is attributed to a known clinical condition (disc protrusion).

The Board has remanded the case due to a lack of service treatment records from the Veteran's period in the Georgia Army National Guard. The case will be returned for further development and readjudication.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is etiologically related to his active duty service, and thus grants service connection for this condition.

The VA medical center did not cause the Veteran's additional right hip disability, and his pain is more likely due to his degenerative lumbar spine disease.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the current severity of the Veteran's lumbosacral spine disability. The claim will be readjudicated after these actions.

The Board denied service connection for hypertension, low back disability, hernia, and deafness. The claims were also reopened based on new evidence but the service connection was not granted.

The Board has determined that the Veteran's low back disability is due to an injury during active duty for training (ACDUTRA) in 1988, and therefore service connection is granted.

The Board found that the Veteran's current back and bilateral shoulder disabilities are not related to his military service, including an in-service motor vehicle accident. The VA examiner concluded that these conditions are more likely due to natural aging process rather than service connection.