Back / lumbar spine decisions — 2012

The Veteran's claims for a higher rating for right knee disability, service connection for right hip and low back disabilities, and tinnitus were denied. The Board found that the Veteran did not have current tinnitus or chronic right hip or low back disabilities attributable to his military service.

The Board found that the Veteran's current low back, right knee, and left knee disorders are not related to his active service. The VA examinations and medical opinions concluded that these conditions were less likely than not caused by or incurred during his military service.

The Board has determined that the Veteran's claimed conditions, including cardiac disease and cervical spine disorders, are not service-connected as they were first shown decades after military service and are unrelated to any incident during active service. The claims for secondary service connection have also been denied.

The Board found that the Veteran's current low back disability did not manifest during or as a result of active military service and denied his claim.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of entitlement to service connection for a low back disability.

The Veteran is seeking service connection for a low back disorder. The Board has determined that additional development, including medical examination and opinion, is needed to address the nature and etiology of her claimed condition.

The Veteran's claim for an increased evaluation for degenerative joint disease of the right acromioclavicular joint was denied as her symptoms did not warrant a higher rating. The claim for service connection for a lumbar spine disorder was also denied due to lack of evidence linking the condition to military service.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's thoracolumbar spine disability and respiratory disorder. The issues of service connection for these conditions are being returned to the RO for further development.

The Board has determined that the Veteran's low back and neck disabilities are related to his service, meeting the criteria for direct service connection.

The Board has determined that the Veteran's low back disability is service-connected, as it was present during active duty and is related to his in-service complaints of back pain. The hearing loss claim is not supported by evidence showing a current disability.

The Board denied service connection for a low back disability and denied claims for higher initial ratings for residuals of a fracture of the right mandible and residual paresthesia, right inferior alveolar nerve. The Veteran's claim for TDIU was also denied.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are presumed to have been incurred during service due to arthritis developing within one year of separation.

The Board has determined that the Veteran's cervical spine strain and lumbar radiculopathy are not related to his military service, while his head injury is not shown to be related to service. The claims for these conditions have been denied.

The Board found no evidence that the Veteran's current low back disability is related to his service, including a reported plane accident in 1944. The preponderance of the evidence does not support a finding of service connection.

The Veteran's appeal is being remanded for further development, including an examination to assess the current severity of his service-connected chronic low back strain and lumbar spondylosis. The examiner must also address any associated objective neurologic abnormalities, such as erectile dysfunction and bladder impairment.

The Board has remanded the case for further development, including obtaining in-patient clinical records from St. Alban's Naval Hospital and scheduling a VA spine examination.

The Board has reopened the Veteran's claim for service connection for a low back disability. The case is remanded to obtain additional medical opinions regarding the Veteran's right shoulder, cervical spine, and dermatitis claims.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of records.

The Board found that the Veteran's service-connected mechanical low back pain did not meet or approximate criteria for a disability evaluation in excess of 10 percent.

The Veteran's combined disability rating is currently at 60%, which does not meet the percentage standards for a TDIU under 38 C.F.R. § 4.16(a). However, due to his service-connected lumbar spine disability and other conditions, he may be unemployable by reason of service-connected disabilities. The case is being remanded so that it can be submitted to the Director, Compensation and Pension Service, for extra-schedular consideration.