Back / lumbar spine decisions — 2012

The Veteran's lumbar spine disability, including left radiculopathy, has not met the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The current 20% rating remains appropriate given the limited range of motion and lack of ankylosis.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by active service, nor did arthritis manifest to a compensable degree within one year after service discharge, and is not proximately due to or aggravated by a service-connected disorder.

The Veteran's lumbar spine disability was rated at 20% from January 1, 2001 until August 4, 2006. Since then, the rating has been increased to 40%. The Board found that the condition warranted a 40% evaluation as of August 5, 2006.

The Board has remanded the case for further development, including obtaining missing service treatment records and searching for Alabama Army National Guard records. The claims will be reconsidered with consideration of direct service connection.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, Type II Diabetes Mellitus, hypertension, peripheral neuropathy, arthritis, a bilateral knee disability, and a bilateral eye disability. The decision also addressed his claim for TDIU but did not specify its outcome.

The Veteran's appeal is being remanded to obtain clarification from the VA examiner who performed a QTC examination in June 2007, and to ensure that all relevant treatment records are obtained.

The Veteran's claims for service connection are being remanded due to the unavailability of his service treatment records and need for further medical examination.

The Veteran's appeal is being remanded for further development, including obtaining medical records and arranging a VA examination to assess his employability due to service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including a VA examination and the provision of VCAA compliance. The claim for a total disability rating for compensation based on individual unemployability is also pending.

The Board has determined that additional VCAA notice is required as the current notice did not include a list of service-connected disabilities and an explanation of the information or evidence needed to establish a disability rating and effective date.

The Veteran withdrew his appeals for service connection of exostosis of the upper left fibula, medial anterior surface and lumbar spondylosis with disc displacement secondary to that condition.

The Veteran is seeking service connection for various conditions, including fractured ribs, lumbar spine osteoarthritis, abdominal aortic aneurysm, and hypertension. The Board has determined that additional development is needed to address the nature of these conditions and their relationship to his military service.

The Board has remanded the case for additional development, including obtaining VA records and Dr. Nelson's opinion.

The Board denied the Veteran's claims of service connection for low back and respiratory disorders, finding no credible evidence linking current disabilities to military service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations. The Veteran's claims for increased ratings and reopening of a claim are to be reconsidered.

The Board has remanded the case due to incomplete service treatment records and other issues.

The Veteran's thoracolumbar spine disability, right leg radiculopathy, and right tibia disability were all denied increased ratings. The thoracolumbar spine disability was rated at 40%.

The Board has remanded the case due to incomplete service treatment records and requests for additional medical records. The Veteran's claims of service connection for low back and neck disabilities are pending.

The Board has granted service connection for chronic lumbosacral spine degenerative disc disease, finding that the Veteran's back condition originated during active service. The skin disorder claim is pending and will be addressed in a separate remand.

The Board denied the Veteran's claim for service connection for a low back disorder, concluding that his current condition is not related to his military service.