Back / lumbar spine decisions — 2012

The Veteran's appeal is being remanded for additional development, including a VA examination and issuance of a statement of the case on all issues.

The Veteran's claim for an increased rating for his service-connected herniated lumbar disc L5-S1, postoperative hemilaminotomy and microdiscectomy is denied as the evidence does not show entitlement to a schedular evaluation in excess of 20 percent.

The Board denied the Veteran's claims for a separate evaluation for radiculopathy of the right lower extremity due to service-connected degenerative disc disease of the lumbar spine, entitlement to service connection for erectile dysfunction and hypertension.

The Board denied the Veteran's claims of service connection for various orthopedic disabilities, finding that they were not incurred or aggravated by his military service.

The Veteran's claims for service connection for gout, cervical spine disorder, lumbar spine disorder, traumatic brain and head injury, and severed tendons have been denied as there is no evidence that these conditions had their clinical onset during or are related to his active military service.

The Board found that there is no evidence to support a finding of low back disability with radiculopathy due to injury, disease or other event during service. The Veteran's current assertions of having had chronic or recurrent low back problems since service are not consistent with his own actions and the overall record.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability as his combined rating is only 60 percent, which does not satisfy the schedular requirements. The Board did not find sufficient evidence to grant TDIU due to the Veteran's service-connected conditions alone.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbosacral spine, right and left lower extremity radiculopathy were denied as his conditions did not warrant a higher rating under the applicable criteria.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, hypertension, migraines, a heart disorder, asthma, and bilateral lung disorder. The issues were remanded multiple times but ultimately remained denied.

The Veteran's claim for a higher rating for her chronic lumbar strain with mild disk disease was denied as the evidence did not show that her disability warranted an evaluation higher than 20 percent.

The Veteran's claim for service connection for multi-joint/bone pain is being remanded to obtain additional medical records, verify his Gulf War Service, and schedule a VA examination to determine the etiology of any diagnosed conditions.

The Board denied service connection for all claimed conditions, finding no evidence of a nexus between the Veteran's current disabilities and his military service.

The Veteran's current combined disability rating is 70%, which does not meet the criteria for a TDIU. The Board finds that his service-connected disabilities, standing alone, are not of such severity as to effectively preclude all forms of substantially gainful employment.

The Board found that the Veteran does not have current disabilities for which service connection can be granted, including bilateral hearing loss and tinnitus. The claims were denied as there was no evidence of a current disability meeting VA criteria.

The Veteran's lumbar spine disability was rated at 40 percent prior to February 1, 2008. The Board found that the evidence did not meet the criteria for a higher rating as there was no unfavorable ankylosis of the entire thoracolumbar spine.

The Board has remanded the case due to incomplete service records and requests for additional information. The Veteran's claims of right foot disability and low back injury will be reviewed again after these issues are addressed.

The Board has granted service connection for tinnitus, but denied service connection for a back condition and depression.,Service connection is granted for tinnitus due to in-service noise exposure. However, there is no current diagnosis of a back condition or depression.

The Board has granted service connection for degenerative disc disease of the cervical spine and associated left upper extremity radiculopathy, finding that a preexisting condition was aggravated by inactive duty for training.

The Veteran's service connection claims for post-concussion syndrome, bilateral arm disabilities, and bilateral ankle disabilities are denied. His service connection claim for a thoracolumbar spine compression fracture is granted.

The Veteran's appeal is being remanded to obtain additional information regarding his in-service stressors and to ensure all relevant records are associated with the claims file. The case will be reviewed by the RO/AMC on the basis of this additional evidence.