Back / lumbar spine decisions — 2012

The Board has determined that the Veteran's low back disability was not incurred in or aggravated by service, and therefore denied his claim.

The Veteran has a combined rating of 80% for service-connected disabilities and is employed in suitable employment, thus meeting the criteria to deny his request for VA vocational rehabilitation benefits.

The Board found that the Veteran's claimed disabilities were not incurred in or aggravated by service, and denied his claims for service connection.

The Veteran's lumbar spine disability was granted a higher rating of 40 percent effective May 13, 2010 for the period beginning on that date. The earlier periods remain unchanged.

The Veteran's low back disability was initially rated at 10 percent from April 4, 2004, and increased to 20 percent effective August 19, 2005. The current rating of 20 percent is maintained.

The Veteran's claim for a higher rating for joint pain as due to undiagnosed illness is being remanded for additional development, including an examination and review of his service-connected conditions.

The Board has remanded the Veteran's claims for service connection due to outstanding VA and private treatment records, as well as additional VA examinations.

The Board found that the preponderance of evidence is against the Veteran's claim of service connection for a lumbar spine disability, concluding that his current condition was not incurred or aggravated by active duty service.

The Veteran's claim of service connection for bilateral hearing loss, cervical spine disability, lumbar spine disability, and tinnitus secondary to Lyme Disease was denied.

The Veteran's low back disorder and PTSD have been granted service connection, but the low back disorder is not related to service. The initial rating for PTSD has been increased from 30% to 50%.

The Board denied service connection for a lumbar spine disability and did not reopen the claim of service connection for hypertension.

The Board found that the Veteran's left knee disability did not have its clinical onset in service, was not due to or aggravated by a service-connected disability, and is not presumed to be related to service. The Veteran's lumbar spine disability was also denied as it was determined to be unrelated to service.

The Veteran's appeal has been withdrawn by his authorized representative.

The Board has determined that the Veteran's claims for service connection for low back and cervical spine disorders need further development, including obtaining a medical opinion regarding whether these conditions were aggravated by military service.

The Board has determined that the Veteran's claims for service connection for a low back disorder, as well as his claims for higher ratings for his right knee disability and degenerative arthritis of this knee, have been denied. The TDIU claim is also considered at this time.

The Board denied the Veteran's claims for service connection for a low back disability and an initial rating in excess of 30 percent for PTSD. The Board found that there was no evidence to support the claim of service connection, as the Veteran did not have a chronic low back disability during or within one year after service. For PTSD, the VA examiner opined that the Veteran's current condition was less likely than not caused by an in-service injury.

The Veteran's claim for an initial compensable rating for his service-connected lumbar strain was denied, and he is currently rated as 20 percent disabling effective September 15, 2011.

The Board found that the Veteran's current low back disability is not shown to be related to her service, and thus denied her claim for service connection. The rating for allergic rhinitis was remanded.

The Veteran's low back disability, characterized by DDD and arthritis with IVDS resulting in incapacitating episodes more than two weeks but less than four weeks per year, is rated at 40 percent.

The Board found that the Veteran's current cervical spine disability is not related to service, including an in-service motor vehicle accident. The evidence does not support a finding of continuity of symptomatology since service.