Back / lumbar spine decisions — 2012

The Board has denied the Veteran's claims of service connection for a bilateral hearing loss disability and residuals of low back injury. The claim of service connection for right knee disability is remanded due to insufficient evidence.

The Veteran's claim for a higher disability evaluation for his low back injury with arthritic spurring at L4-5 is being remanded due to the need for additional development, including scheduling of new VA examinations and clarification on the finality of the October 2010 examination report.

The Board found that the Veteran's low back disability was not incurred in or aggravated by his military service and denied his claim.

The Veteran seeks reimbursement for unauthorized medical expenses for an episode of low back care on November 26, 2008. The Board finds that additional development is needed to determine if prior authorization or emergency treatment availability was met.

The Veteran's service-connected DDD with lumbar strain is currently rated at 20 percent, and the Board found that this rating was appropriate based on the evidence of record.

The Board denied service connection for a right hip disability and a low back disability, finding that the Veteran's pre-existing conditions existed prior to his active duty and were not aggravated by service.

The Board has remanded the Veteran's claims for additional development due to insufficient opinions in the December 2011 VA examination reports. The Veteran is required to provide a supplemental opinion regarding whether his low back disability was caused or aggravated by service-connected conditions, and if he is unemployable due to his service-connected disabilities.

The Board found no evidence that the Veteran's low back disorder was incurred or aggravated during active service, and concluded that it pre-existed service. The claim for service connection is denied.

The evidence does not support a link between the Veteran's current low back disability and his active military service. The Board finds that the preponderance of the evidence is against the claim.

The Veteran's hypertension is proximately due to or a result of his service-connected type II diabetes mellitus, and the Board has granted service connection for this condition on a secondary basis.

The Veteran's appeal is being remanded due to issues related to his left and right knee disabilities, PTSD, and a low back disability. The claims for increased ratings on the knees and PTSD are pending, as well as the issue of reopening the claim for a low back disability.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or housebound status is being remanded due to a lack of recent VA examination considering all service-connected disabilities.

The Board has determined that the reduction of the Veteran's disability ratings for cervical spine strain and chronic thoracolumbar spine strain from 30% to 10%, effective May 1, 2009, was not proper.

The Veteran's low back disability is currently rated at 20 percent, and the Board finds that a higher rating of 60 percent is warranted based on incapacitating episodes.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's claimed right shoulder and back disorders, as well as to evaluate his service-connected bilateral hearing loss. The case is being remanded for these purposes.

The Veteran's left arm pain and numbness are associated with his service-connected cervical spine disability, but not a separate disability. The Board finds that the Veteran does not have a separate disability of the left upper extremity.

The Board has determined that the Veteran does not have a low back or neck disorder that is attributable to his active military service.

The Veteran's lumbosacral strain, right hip osteoarthritis, and right shoulder injury disabilities are currently rated at 10 percent each. The Board finds that the current evaluations adequately reflect the severity of these conditions.

The Board found no evidence to support service connection for a lumbosacral spine disability or GERD, concluding that the Veteran's current conditions are not related to his military service.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of chronic sinusitis or chronic fatigue syndrome, and the left shoulder strain was not shown to be related to service-connected conditions.