Back / lumbar spine decisions — 2012

The Board has determined that the Veteran's low back disorder is related to his period of active service, and thus grants service connection for this condition.

The Board has determined that the Veteran's current cervical and lumbar spine disorders are not related to her in-service motor vehicle accidents, and therefore service connection is denied.

The Veteran's clothing allowance claim is inextricably intertwined with his service connection claims for low back and knee disabilities. The case is REMANDED to the VAMC in Oklahoma City, Oklahoma for further development and readjudication.

The Board has determined that the Veteran's low back and bilateral knee disabilities are not service-connected, as there is no evidence of their onset during active duty or within one year post-service. The current conditions are considered to be unrelated to his military service.

The Veteran's service connection claims for groin or scrotal pain, left carpal tunnel syndrome, chronic lumbar strain, spastic colon, gastroesophageal reflux disease (GERD), and hemorrhoids have been denied. The claim for major depressive disorder was granted with a non-compensable rating.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination. The case will be returned to the Board once additional information is obtained.

The Board denied the Veteran's claim of entitlement to service connection for a low back disability, finding that there was no evidence linking the current condition to his periods of active service.

The Board denied a rating in excess of 20 percent for instability residual to a torn medial meniscus in the left knee, finding that the Veteran had no more than overall moderate instability.

The Board has remanded the case for additional development due to the need for updated VA medical examinations and records.

The Board has determined that the Veteran's low back disability is aggravated by his service-connected bilateral foot disabilities, and therefore grants secondary service connection for this condition.

The Veteran's service-connected lumbar strain is rated at 20 percent effective November 21, 2008.

The Board has determined that the Veteran's claimed cervical spine, low back, bilateral upper extremity neurological, and bilateral lower extremity neurological disabilities are not related to his military service.

The Board has found that the Veteran's lumbar spine disability, bilateral hip disability, and scoliosis are not related to his military service or a service-connected condition.

The Veteran's service-connected disabilities do not preclude him from participating in substantially gainful employment.

The Veteran's right ear hearing loss was noted at entry into service and is presumed to have existed prior to service. It was not aggravated by military service.,Left ear hearing loss was not incurred in or aggravated by active service, nor may it be presumed to have been incurred in service.,Seizure disorder was not diagnosed during the appeal period.,PTSD was not incurred in or aggravated by military service and is not considered a compensable disability for VA purposes.,Tinnitus was not related to service. Lung disability, including granulomatous disease and bilateral pulmonary nodules, was also not related to service and may not be presumed to have been incurred in service.,Thoracolumbar spine disability and cervical spine disability are addressed in the REMAND portion of this decision.

The Veteran's appeal is being remanded for a Video Conference hearing before the Board to be held at the VA Regional Office in San Antonio, Texas.

The Veteran's claim for increased ratings for lumbosacral strain with L5-S1 disc space narrowing and bilateral hearing loss was denied. The Veteran's lumbar spine disability is currently rated at 40 percent disabling, the maximum rating available under the General Formula of DC 5237. His bilateral hearing loss does not meet or approximate the criteria for a compensable rating.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical records and conducting examinations.

The Veteran's claim for service connection for arthritis or other disorders of the shoulders, arms, low back, legs, and joints is being remanded due to the need for additional development including obtaining Social Security Administration records, VA treatment records, and a VA examination.

The Board finds that the Veteran's current low back disability is related to his service-connected varicose veins, and thus grants service connection for a low back disability.