Back / lumbar spine decisions — 2012

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, as evidenced by his lack of diagnosed conditions such as bone spurs, facial numbness, short-term memory loss, and speech problems. The remaining issues (degenerative disc disease of the low back, bilateral eye spasms, peripheral neuropathy of the upper and lower extremities, headaches, and sleep apnea) do not have a link to service based on the lack of medical evidence showing such a connection.

The Veteran's appeal is remanded due to the need for additional medical examinations and records, as well as further development of his claims.

The Board denied service connection for bilateral hearing loss and determined that new and material evidence had not been received to reopen the claim of service connection for back disability.

The Board has ordered a remand to attempt to obtain records of hospitalization at the Nuremberg Army Hospital in Germany, where the Veteran asserts he was treated for a back injury during service. The appeal is currently pending and will be reconsidered based on any additional evidence.

The Board granted a 40 percent rating for degenerative disc disease of the lumbar spine, effective from July 2, 2010. The claim to reopen service connection for bilateral pes planus was also granted.

The Board is deferring a decision on the claim of service connection for degenerative joint disease of the lumbar spine until the application to reopen the claim of service connection for a psychiatric disorder is finally adjudicated. The case is REMANDED for further development and consideration.

The Board denied an initial evaluation greater than 10 percent for the Veteran's service-connected mechanical low back pain with traumatic arthritis in the thoracic spine at T1, finding that his disability did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board denied the Veteran's claim for service connection for a lumbar spine disability due to lack of evidence supporting a diagnosed condition.

The Veteran's service-connected conditions did not contribute to his death from cardiac arrest and diabetes. The Board found that PTSD was not the cause of death, but rather a contributing factor.

The Veteran's lumbar spine disability is rated at 30 percent, and he has separate ratings of 10 percent for radiculopathy in both lower extremities. The appeal was granted.

The Veteran's service-connected thoracolumbar spine arthritis with IVDS is currently rated at 20 percent, effective October 18, 2007. The Board finds that the evidence does not support a higher rating for this period.

The Veteran's appeal is being remanded for further development, including obtaining a supplemental opinion from the VA examiner regarding the etiology of his low back disorder and providing him an opportunity to review his claims files.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected back disability and determine if he is unemployable due to this condition. The case will be forwarded to the Director of VA's Compensation and Pension Service for consideration of extraschedular ratings.

The Veteran's appeal is being remanded for further consideration of his claim for a total disability rating based on individual unemployability due to service-connected disabilities, including lumbar spine degenerative disc disease, adjustment disorder, and radiculopathy in the right leg. The case will be referred to the Director of Compensation and Pension Service for extraschedular consideration.

The Veteran's service-connected disabilities, including lumbar spine disability, left ankle disability, right knee disability, left knee disability, tinnitus, and bilateral hearing loss, considered alone or in combination, render him unemployable. The case is REMANDED for a VA medical examination to determine if the Veteran is unable to secure or follow a substantially gainful occupation due by reason of service-connected disabilities.

The Board granted service connection for a low back disability secondary to service-connected gunshot wound residuals, but denied service connection for a kidney disability due to the lack of evidence showing it was related to service.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is related to his active service, including a period of ACDUTRA. The claim for IBS remains pending as there was insufficient evidence provided by the VA examiner to determine if it is related to a period of ACDUTRA.

The Veteran's increased ratings for chronic lower back strain with degenerative disc and joint disease of the lumbar spine, as well as initial increased rating for degenerative disc and joint disease of the cervical spine, were granted effective November 23, 2011.

The Board finds that the Veteran's back disorder is not related to his military service and cannot be presumed to have been incurred therein. The post-service record does not contain evidence of a compensable disability within one year of separation from active duty, nor does it show continuity of symptomatology.

The Veteran's appeal is being remanded for additional development to ensure compliance with the terms of prior Board and VA remands, including obtaining a VA examination to assess her lumbar strain disability and an opinion regarding her employability.