Back / lumbar spine decisions — 2012

The Board has determined that the Veteran's back, right leg, and eye disabilities were not incurred or aggravated during his active service. The evidence does not support a finding of direct service connection for these conditions.

The Board has determined that a VA examination is needed to address whether the Veteran's low back disorder is secondary to his service-connected left knee disability. The appeal will be remanded for this purpose.

The Board found no evidence of a current thoracolumbar or cervical spine disability and denied service connection for these conditions.

The Veteran's appeal involves disputes regarding the initial ratings and effective date for his service-connected low back disability. The Board has determined that additional development is needed before these issues can be decided.

The Board has determined that the Veteran's neck and back disabilities are at least as likely as not caused by his service-connected right foot disability. As such, these claims have been granted.

The Board has determined that the Veteran does not have a right wrist disorder, right knee disorder, right foot disorder (including arthritis), back disorder (including arthritis), bilateral hearing loss, fungus infections of the ears, residuals of a perforated left eardrum, tonsillitis, spot on the left lung, or hemorrhoids. The skin condition is also denied.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a neck disability, which is now considered secondary to his service-connected left leg disability. The Board also finds that the Veteran's current low back disability may be aggravated by his service-connected left leg disability.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his lumbar spine degenerative arthritis and left hip bursitis. The issue of entitlement to a total disability rating based on individual unemployability will also be addressed.

The Veteran claims service connection for a low back disability, which he alleges was caused by an in-service injury. The case is being remanded to obtain VA treatment records and conduct a Compensation and Pension examination.

The Veteran's claim for special monthly compensation based on the need for aid and attendance or housebound status was denied as he does not meet the eligibility requirements due to his service-connected disabilities.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 10 percent, effective March 26, 2010. The radiculopathy of the right and left lower extremities are each rated at 10 percent, with an earlier effective date of May 10, 2010.,The Veteran's degenerative disc disease does not meet or approximate the criteria for a higher rating as it results in forward flexion greater than 60 degrees.

The Board denied service connection for an acquired psychiatric disorder other than PTSD and a low back disability, finding that the Veteran did not meet the criteria for service connection based on in-service occurrence or aggravation of a disease or injury. The evidence showed no indication of psychiatric symptoms during service, and the current disorders were diagnosed after separation from service.

The Board finds that the Veteran's claimed disabilities of the lumbar spine, cervical spine, bilateral lower extremities, and bilateral feet are not related to his military service.,The VA examiner opined that these conditions are less likely as not caused by or a result of military service.

The Veteran's claims for increased ratings for his cervical spine, lumbosacral spine, and right knee disabilities have been denied. The VA has not provided a disability rating in excess of the current assigned ratings.

The Veteran's claims for increased ratings for degenerative disc disease at L4-L5, L5-S1 and right knee strain with instability are being remanded due to outstanding VA treatment records and the need for additional medical opinions.

The Veteran's degenerative disc disease of the lumbosacral spine was not incurred in or aggravated by active military service, and his disability rating for a lumbar spine disorder is denied.

The Veteran's appeal was denied for a higher rating for his service-connected low back disability and for service connection for a sleep disorder. The Board found that the current manifestations of his low back disability do not warrant a rating in excess of 10 percent, and did not find evidence to support service connection for a sleep disorder.

The Board has remanded the case for additional development to address issues related to service connection and rating of various disabilities, including psychiatric disorders, diabetes mellitus, vision disability, and sleep apnea.

The Board has remanded the Veteran's claims due to errors in notification and compliance with previous directives. The case is now pending for further development.

The Board has ordered additional development to obtain updated VA treatment records and examine the Veteran for his claims of service connection for various joint disabilities. The case is being remanded to ensure compliance with these orders.