Back / lumbar spine decisions — 2012

The Veteran's appeal is being remanded due to the need for additional VA treatment records and a new examination of his lumbar spine disability.

The Veteran's claims for increased ratings for low back and cervical spine disorders are being remanded due to the need to obtain additional medical records.

The Veteran's claim for an increased rating and service connection for secondary disabilities of the left foot, ankle, and knee to his service-connected lumbosacral strain, lumbar disc herniation L4-L5 was denied. The current evaluation for the back disability is 40 percent.

The Board has granted service connection for a left arm soft tissue injury and degenerative disc disease of the lumbar spine, finding that these conditions are secondary to the Veteran's service-connected right shoulder disability.

The Board has determined that the Veteran does not have a current bilateral knee disability or low back disability for which service connection can be granted. The claim of service connection for low back disability is remanded due to inadequate examination and new evidence received since the last VA examination.

The Board has determined that the Veteran's right knee, left knee, right hip, left hip, and low back disabilities are proximately due to his service-connected traumatic arthritis of the left ankle.

The Board has remanded the case for further development and consideration of the Veteran's claims, including a VA examination to address his psychiatric, joint, and skin conditions.

The Veteran's PTSD was rated at 50% from February 9, 2009 to March 19, 2012 and in excess of 50% thereafter. The thoracolumbar strain with arthritis and disc disease warranted a 20% rating for the entire period on appeal. Left lower extremity radiculopathy was rated at 20% from November 1, 2010 to April 30, 2012 and in excess of 20% thereafter. The Veteran's service-connected disabilities did not render him unemployable.

The Veteran's appeal is being remanded for additional development, including VA examinations and consideration of the evidence.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has determined that additional development is needed to obtain pertinent medical records and to request Social Security Administration (SSA) disability benefits information. The case will be remanded for these actions.

The Board has remanded the case for a hearing before a Veterans Law Judge at the RO in Milwaukee, Wisconsin.

The Veteran's appeal for a higher rating for dysthymic disorder was withdrawn.,His chronic orthopedic manifestations of service-connected mechanical low back pain with degenerative disc disease at L4-L5 are rated as 40 percent disabling.

The Board has determined that the Veteran does not have a low back disability or left lower extremity radiculopathy that is etiologically related to service. The preponderance of evidence is against finding any such relationship.

The Veteran's claims for service connection and increased rating are being remanded due to the need to obtain additional VA treatment records.

The Board found that the appellant's low back disorder was not incurred or aggravated during her active duty service and denied her claim.

The Board has remanded the case for further adjudication due to the need to obtain and consider the appellant's special court-martial records. The appeal is not about service connection at all, as it pertains to basic eligibility for VA benefits.

The Veteran's appeal is being remanded to the RO/AMC for additional development, including obtaining updated medical records and conducting a social and industrial survey. The goal is to determine whether his service-connected disabilities prevent him from securing or following substantially gainful employment.

The Veteran's claims for service connection were denied as his conditions are not related to his military service or secondary to a service-connected condition.

The Board found that the Veteran's skin disorder, claimed as cancer of the ear and nose, was not incurred in service due to sun exposure rather than cold injury. The low back disorder is also not considered to be related to service. Therefore, both conditions were denied.