Back / lumbar spine decisions — 2012

The Board has remanded the case for a personal hearing with a Veterans Law Judge of the Board at the RO or via videoconference.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, effective August 9, 2007. His neuropathy of the right leg is also rated at 40 percent, effective August 9, 2007.

The Veteran's service-connected back disability is rated at 10 percent, and his right great toe and right thumb disabilities are each rated as noncompensable. The claims for service connection for the right calf, ankle, hip, and initial ratings for the right great toe and right thumb were all granted.

The Veteran's death was attributed to pneumonia aspiration and respiratory failure, with Alzheimer's disease listed as a significant condition. The Board found that the service-connected back disability did not cause or contribute substantially to his death.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining VA medical records and scheduling a VA examination. The goal is to determine if his service-connected cervical spine disability warrants an increased rating.

The Board has reopened the Veteran's claim for service connection for a skin disorder. The claims for service connection for a back condition and nerve damage of the right leg are being remanded due to the need for additional development, including obtaining relevant treatment records, personnel files, and ship logs.

The Veteran's service-connected low back disability is currently rated at 40 percent, the maximum allowable under VA rating criteria. The appeal for a higher rating is denied.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disorder and granted it, finding that his preexisting condition was aggravated by military service. The appeal concerning type II diabetes mellitus and heart conditions is dismissed as the Veteran withdrew those issues from appeal.

The Board has determined that the Veteran's lumbar spine degenerative disk disease and strain, right wrist carpal tunnel syndrome, left wrist carpal tunnel syndrome, and residuals of Cesarean section are not service-connected as her current conditions did not manifest during active duty or within one year thereafter.

The Veteran's claim for basic eligibility for educational assistance under Chapter 33, Title 38, United States Code is denied as his service was characterized as honorable conditions and the reason for discharge was misconduct, not a service-connected disability.

The Veteran's initial ratings for cervical and lumbar spine degenerative disc disease, as well as his head injury with possible skull fracture, have been granted. The highest available rating of 30 percent has been assigned for the cervical spine condition, while a 40 percent rating is assigned for the lumbar spine condition.

The Veteran's low back disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claims for low back and neck disabilities are being remanded due to the need for additional medical records and examinations.

The Board denied service connection for a low back disorder, finding that the Veteran's pre-existing bilateral spondylolysis at L5 was not aggravated by service and that his current low back disability is not due to disease or injury incurred in service.

The Board dismissed the issue of service connection for tinnitus, left ear because it has been rendered moot on appeal due to a December 2010 rating decision granting this claim.

The Board has determined that the Veteran's current cervical spine and lumbar spine disabilities are not service-connected, as there is no credible evidence linking these conditions to his active military service or any service-connected disability.

The Board has remanded the case for further development, including scheduling a VA orthopedic examination and providing an addendum opinion to determine if the Veteran's current low back disorder is related to his in-service complaints of chronic low back pain documented at his separation examination.

The Board has remanded the issue of service connection for a bilateral eye disorder due to additional development being required.

The Board previously denied service connection for a low back disorder, reopening the claim but still denying it on the merits. The U.S. Court of Appeals for Veterans Claims has ordered remand due to inadequate examination and opinion in June 2006.

The Veteran's claims for increased ratings were denied as his lumbar spine disability and related radiculopathies did not meet the criteria for higher ratings under the applicable rating schedule.