Back / lumbar spine decisions — 2012

The Board has decided that the Veteran's appeal should be remanded to allow for a videoconference hearing at his local VA Regional Office.

The Board has remanded the case for further development, including obtaining medical records and scheduling VA examinations to address the Veteran's claims of service connection for right foot disability and low back disability.

The Board denied service connection for a back disability, left shoulder disability, and left knee disability as these conditions were not shown to have originated during active service.

The Board found that the Veteran's degenerative disc disease of the lumbar spine did not meet the criteria for a rating in excess of 20 percent disabling.

The Board has remanded the claims for additional development due to inadequate medical opinions and inextricably intertwined issues.

The Board has determined that the Veteran's service-connected degenerative disc disease of the lumbar spine with spondylolisthesis does not meet or approximate the criteria for a disability rating in excess of 20 percent prior to December 2, 2010 and does not meet or approximate the criteria for a disability rating in excess of 40 percent beginning from December 2, 2010.

The Veteran withdrew his appeal for higher ratings for his bilateral pes planus and right wrist scar, and for service connection for a low back disorder, cervical spine disorder, right hip disorder, and bilateral shin splints.

The Board has denied the Veteran's claims for service connection for a low back disorder and an acquired psychiatric disorder, finding that there is no competent evidence linking these conditions to his military service.

The Veteran's lumbosacral strain was granted a compensable evaluation prior to February 24, 2009 and increased to 10 percent from that date. The claim for an increase beyond this rating is denied.

The Veteran's degenerative disc disease of the lumbar spine is currently evaluated at a 20 percent rating, effective from January 24, 2007. The Board found that the disability does not meet or approximate criteria for a higher evaluation based on limitation of motion or neurological impairment.

The Board has ordered additional development of the Veteran's treatment records from various facilities, including IHS and VA clinics. The case will be remanded for further action.

The Board has determined that new and material evidence has not been received to reopen the previously denied claim of service connection for a low back disability. The Veteran is scheduled for a Travel Board hearing.

The Veteran's low back pain with scoliosis of the lumbar spine and dorsal spine secondary to a right femur fracture is rated at 20 percent, which is the maximum schedular rating available for this condition.

The Board has determined that the Veteran does not have a current lumbar spine disability or bilateral hearing loss that is causally related to his active service. The first recorded complaints of back pain and hearing loss occurred more than twenty-five years after separation from service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to determine the etiology of her hip and back disabilities.

The Veteran's appeal is being remanded for additional development to determine the appropriate ratings for his service-connected back and left knee disabilities.

The Board has denied the Veteran's claims of service connection for PTSD, an acquired psychiatric disorder other than PTSD, a neck disability, and hypertension as new and material evidence was not received to reopen these claims. The Board also found that there is no medical evidence linking these disabilities to active duty service.

The Board has determined that the Veteran's L1 compression fracture is related to his service-connected peripheral neuropathy, and thus grants service connection for this condition.

The Board denied service connection for hearing loss and back disability, finding no new and material evidence to reopen the claims. The Veteran's current complaints of hearing loss were not shown during service or within one year post-service, and his back disability was not noted during service.

The Board has granted service connection for spondylolisthesis of the lumbar spine. The issue of whether left eye vision loss is aggravated by a service-connected pterygium remains unresolved.