Back / lumbar spine decisions — 2012

The Board has determined that service connection for osteoarthritis of the lumbar spine is granted, as it is at least as likely as not related to active military service.

The Board has remanded the case for additional development, including verifying in-service injury and continuity of symptomatology. The Veteran's claim for service connection for a low back disorder is currently under review.

The Veteran's degenerative arthritis of the lumbar spine is rated at 20 percent, effective since February 15, 1954. The Board has also granted separate ratings for right and left lower extremity radiculopathy associated with the low back disability.

The Board found that the Veteran's current lumbosacral spine disability is not related to his service-connected left knee disability and denied the claim.

The Board has decided to remand the claim due to the need for additional development, including obtaining medical records and clarifying the Veteran's service history. The claim will be reconsidered after these steps are completed.

The Veteran's appeal is being remanded for additional development, including obtaining records of her lumbar disc surgery and providing a VA examination to determine the etiology of any current low back disability.

The Board has determined that the Veteran's low back disability is caused or aggravated by his service-connected knee disabilities, and thus grants service connection for this condition.

The Veteran's claims for service connection for left ear hearing loss, a sleep disorder (claimed as PTSD), and cervical spine condition have been denied. The claim for increased rating of lumbar spine disability has also been denied.

The Board has determined that service connection is warranted for a psychiatric disorder, adjustment disorder with depressed mood, as it is secondary to the Veteran's service-connected right hip disability. The remaining issues of service connection are addressed in the REMAND portion of this decision.

The Board found that the Veteran's current low back disorder is not related to his military service and denied his claim for service connection.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's bilateral hip and low back conditions are related to her service-connected left lower extremity disabilities or active military service.

The Veteran's claims of entitlement to compensation under 38 U.S.C.A. § 1151 for lumbar spine disorder, right knee disorder, and left knee disorder are denied as there is no evidence that the current disabilities were caused by VA treatment or examination.

The Veteran is seeking an earlier effective date for the award of service connection for lumbar spine spondylosis with degenerative disc disease, which was granted in November 2006. The Board has ordered remand to clarify whether a revision of the 1980 rating decision based on clear and unmistakable error is sought, determine the actual date of the December 2006 notice letter, and ensure all development actions are completed.

The Board has remanded the Veteran's claims due to the need for additional development, including a VA examination.

The Veteran's appeal is being remanded due to the need for a third hearing before a Board member who will ultimately decide his case.

The Veteran's claims of service connection for various conditions were denied as there is no current evidence of a chronic disability related to his military service.

The Board has determined that additional VA examinations and a search for private treatment records are needed to properly evaluate the Veteran's claims. The Veteran is also denied service connection for sciatica of the right lower extremity, tension headaches secondary to hypertension, bilateral hearing loss disability, degenerative arthritis of the lumbar spine, and hypertension.

The Veteran's service connection claims for hearing loss, tinnitus, and sleep apnea have been granted. The claim for a higher rating for PTSD with stuttering and degenerative disc disease of the lumbar spine is pending. The TDIU issue remains unresolved.

The Veteran is service-connected for multiple conditions and the Board finds that his service-connected disabilities make him unable to secure or follow a substantially gainful occupation, warranting a total disability rating based on individual unemployability.

The Board found that the Veteran's current low back disorder, including intervertebral disc syndrome, is not related to his military service or a service-connected disability.