Back / lumbar spine decisions — 2012

The Board has remanded the case due to incomplete development and requests that the Veteran provide information about her medical treatment providers. An addendum opinion is also requested from the VA examiner regarding the etiology of glaucoma suspect in both eyes.

The Veteran's back disability was not incurred in service and is not related to herbicide exposure. The Board found no evidence of a current disability during or within one year after service, and the VA examiner concluded that the condition is less likely than not related to service.

The Board has remanded the claims for service connection to the RO/AMC for additional development due to incomplete records and unavailability of certain medical records.

The Veteran's service-connected lumbosacral strain and tinea versicolor were evaluated, but the increased ratings have already been granted by a December 2004 rating decision. The issues remain in appellate status as the maximum schedular rating has not been assigned.

The Veteran has withdrawn his appeal for service connection for acid reflux disease, to include as secondary to a service-connected low back syndrome with degenerative changes. The remaining issues will be remanded for further development.

The Veteran's claim for a rating in excess of 20 percent for his low back disability prior to November 12, 2003 was denied by the RO. The Board remanded the matter again due to incomplete VA examination.

The Veteran's claims for increased disability ratings for his service-connected lumbar spine disability were denied as the Veteran failed to appear for a scheduled VA examination without good cause.

The Veteran's service connection claim for a low back disorder, bilateral leg disorder, diabetes mellitus, and bilateral hearing loss was denied.,No current right or left leg disability was found. The Veteran has been granted service connection for left ear hearing loss.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining private medical records and scheduling VA examinations. The claims will be reconsidered after these steps are completed.

The Veteran's claims for service connection for left knee, right knee and lumbar spine conditions have been denied as there is no evidence of a nexus between these disabilities and his military service.

The Board has determined that the Veteran's claims for service connection are not resolved and requires additional development, including VA examinations to address his hearing loss, tinnitus, GERD, and low back disability.

The Veteran's claim of service connection for a lumbar spine disorder is being remanded due to the need to obtain additional treatment records and provide an updated medical opinion regarding the relationship between his current condition and military service.

The Board denied reopening and granting service connection for the Veteran's low back disability. The RO also denied his claims for increased ratings for cervical spine disabilities and an earlier effective date.

The Veteran seeks an increased rating for his low back disability, which is currently rated as noncompensably disabling. The case must be remanded to adjudicate the challenge to the reduction of his rating from 10% to noncompensably disabling.

The VA examiner determined that the Veteran has a current diagnosed back condition, specifically Degenerative Disc Disease of the thoracolumbar spine L4-L5 and L5-S1. The examiner opined that this condition is at least as likely as not related to his in-service diagnoses of scoliosis and compression fracture of T11 vertebrae and bony spurring.

The Veteran's service-connected migraine headaches and lumbar spine arthritis are found to be insufficient for a TDIU rating without considering her nonservice-connected conditions. The case is REMANDED for further examination and consideration.

The Board finds that the reduction of the Veteran's disability compensation benefits to a 10 percent evaluation, effective from February 2009 to October 2009, due to incarceration for a felony conviction was proper.

The Veteran has withdrawn his appeals for service connection for degenerative disc disease of the lumbar spine and bilateral radiculopathy.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the evidence does not support a higher rating.

The Veteran's lumbar spine disability has been manifested by flexion as low as 78 degrees; it is not manifested by painful motion, muscle spasms, incapacitating episodes, neurological symptomatology or functional impairment. The criteria for a disability evaluation in excess of 10 percent have not been met.