Back / lumbar spine decisions — 2012

The Veteran's service-connected disabilities, including lumbosacral strain, right knee arthritis, and chronic elbow bursitis, do not render him unable to secure or follow substantially gainful employment.

The Veteran's claims for increased ratings for his right knee and low back disabilities, as well as the claim for a TDIU were denied by the RO. The Board has remanded these matters to allow for further development.

The Board has determined that the Veteran's bilateral knee disorder, low back disorder, and allergic rhinitis are all service-connected. The nasal fractures leading to current residuals of a deviated septum and hearing loss of the left ear were also found to be aggravated by service.

The Board has determined that there is no current evidence of a thoracolumbar spine disorder, cervical spine disorder, anal fissure, bilateral knee disorder, or bilateral wrist disorder. Therefore, the Veteran's claims for service connection have been denied.

The Board has denied the Veteran's claims for service connection for various conditions, finding that none of these conditions were incurred or aggravated by military service.

The VA determined that the Veteran's low back disorder, including arthritis and degenerative disc disease at L5, was not incurred in or aggravated by service. The claim is denied.

The Board has remanded the case to the RO for further evidentiary development, including obtaining updated VA treatment records and providing the Veteran with a new VA examination.

The Board has remanded the case for further development, including obtaining clarification of the Veteran's employment history and seeking a VA medical opinion regarding his ability to secure and follow substantially gainful employment due to service-connected disabilities. The case will be returned to the Board after these actions are completed.

The Veteran's combined service-connected disabilities do not meet the minimum schedular criteria for a TDIU, and his employment is not prevented by these conditions alone.

The Board found that the Veteran's diagnosed thoracolumbar DJD and DDD were due to aging rather than a traumatic injury during service, thus denying his claim for service connection.

The Board has decided to remand the claim for a low back disorder due to incomplete development and need for further examination.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's right leg conditions, including whether they are related to service.

The Board has granted the Veteran's claim for service connection for hemorrhoids. The remaining issues are addressed in the REMAND portion of the decision and are being remanded to the RO.

The Board has determined that a remand is necessary to obtain an adequate VA examination regarding the Veteran's low back disability and its relationship to service.

The Veteran's claims for higher ratings for his cervical spine and right shoulder disabilities were denied. However, he was granted initial ratings of 10% each for the radiculopathy in both upper extremities.

The Board has remanded the case for additional development, including obtaining SSA records and a VA examination to assess the Veteran's employment status due to his service-connected low back disorder.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess his service-connected lumbar spine DDD and right leg radiculopathy. The TDIU claim has also been raised by the record.

The Board has remanded the case for additional development, including obtaining VA treatment records and service personnel records to determine if the Veteran had service in Vietnam or visited Vietnam. The issues of entitlement to service connection for back disability with nerve deterioration and numbness of bilateral lower extremities are on appeal.

The Board has determined that the Veteran's low back disorder, diagnosed as degenerative disease at L4-L5, is not related to service and denied his claim for service connection.

The Veteran's PTSD has been assigned a maximum disability rating of 70 percent, effective August 22, 2008. His tinnitus is rated at the maximum allowable under VA regulations.