Back / lumbar spine decisions — 2012

The Board finds that the Veteran's current right and left knee disorders are at least as likely as not related to his period of military service, including his service as a paratrooper. Service connection is granted for these conditions.

The Veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination and review of outstanding treatment records.

The Board has determined that a VA examination is needed to clarify the current diagnosis of any lumbar spine disability and to determine if it is related to service. The Veteran's claim for service connection will be remanded for this purpose.

The Veteran's initial disability ratings for degenerative disc disease and degenerative joint disease of the lumbosacral spine, left sciatic nerve deficits associated with the lumbosacral spine, right sciatic nerve deficits associated with the lumbosacral spine, status-post anterior cruciate ligament reconstruction of the left knee, and a left knee scar have been granted. The Veteran's initial disability rating for degenerative disc disease and degenerative joint disease of the lumbosacral spine is 40 percent.

The Board has denied the Veteran's claims of service connection for a back disability, diabetes mellitus type II, and CAD due to lack of evidence showing onset during service or within one year post-service. The Veteran's assertions regarding herbicide exposure have not been supported by relevant records.

The Board has remanded the Veteran's claims for additional development due to incomplete examination reports and the need to obtain private treatment records.

The Veteran's degenerative arthritis of the thoracolumbar spine was not found to warrant an evaluation in excess of 10 percent prior to February 5, 2009.,From February 5, 2009, the Veteran's degenerative arthritis of the thoracolumbar spine did not meet the criteria for a higher evaluation.

The Veteran's service-connected disabilities did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he was not entitled to a combined 100% rating for at least ten years prior to his death.

The Board has remanded the claims for further development due to a change in the hearing officer and the Veteran's request for a video conference hearing.

The Veteran's claims for increased evaluations and service connection are being remanded due to inadequate examinations in the June 2008 VA joints examination.,The Veteran's claim of a temporary total disability rating is also being remanded.

The Board has granted service connection for obstructive sleep apnea and diabetes mellitus. The Veteran's increased rating claim for schizophrenia is also granted, with referral to the Director of Compensation & Pension Service for extraschedular consideration.

The Veteran's lumbar spine disability was granted a 40 percent rating effective December 17, 2010. His right knee disability remains at a 10 percent rating.

The Veteran seeks service connection for headaches, low back disorder, and right knee disorder. The Board finds that the evidence does not support a finding of in-service incurrence or aggravation of these conditions.,For headaches, the Veteran has provided credible testimony about onset during active duty and ongoing symptoms since separation from service.

The Board has remanded the case for additional development due to issues raised in a Joint Motion, including obtaining clarification from Dr. Russell and scheduling another VA examination.

The claims of service connection for bilateral hearing loss disability, bilateral knee disability, and low back disability are being remanded due to inadequate examination findings. The claim of secondary service connection for these disabilities is also being remanded.

The Board has determined that the Veteran's low back disorder, diagnosed as chronic lumbar pain and strain with degenerative disc disease, is likely related to service. Therefore, service connection for this condition is granted.

The Veteran's claim for service connection for a lumbar spine disorder is being remanded due to deficiencies in the development of evidence and need for clarification.

The Board denied the Veteran's claims for a higher disability rating for his low back pain syndrome and lumbosacral myositis, finding that the evidence did not support a rating in excess of 40 percent. The claim for TDIU was also denied.

The Board has determined that the Veteran's low back disorder is causally or etiologically due to an injury sustained during service, and therefore grants entitlement to service connection for a low back disorder.

The Board is considering multiple issues including service connection claims and increased rating claims. The decision on the respiratory disorder claim has reopened, but not granted. Service connection for low back and bilateral knee disorders remains denied.