Back / lumbar spine decisions — 2012

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and workers compensation application records. A statement of the case must be issued on both issues.

The Board has determined that the Veteran's thoracolumbar spine disability is related to his active duty service, granting the claim for service connection.

The Veteran's appeal has been dismissed as he withdrew his appeal prior to a decision being made.

The Board has granted service connection for tendinopathy of the right shoulder, status post arthroscopic surgery; lumbar spine degenerative disc syndrome; and right lower extremity neuropathy. The acquired psychiatric disorder claim is not addressed as it was not part of the appeal.

The Veteran's claims for service connection have been reopened, but the evidence does not establish that any of these conditions were incurred in or aggravated by military service.

The Veteran's claims for increased ratings on osteoarthritis of the spine with scoliosis and L4-L5 spondylolisthesis, as well as lumbar radiculopathy of the right lower extremity, are being considered. The decision is mixed, with some issues granted and others not.

The Board has determined that the Veteran's cervical spine DJD and DDD are not related to his service-connected conditions, including his left knee and hip disabilities. The evidence does not support a finding of direct causation or aggravation.

The Board has determined that the Veteran's claimed disabilities are not related to his active service, ACDUTRA, or INACDUTRA and are not caused by a pre-existing condition.

The Veteran's low back disability, including DDD and spondylosis, is rated at 40 percent effective January 26, 2011. His left leg atrophy with associated radiculopathy is rated at 30 percent effective January 30, 2008.

The Board has determined that the Veteran's claims of entitlement to service connection for left knee and low back disabilities were previously denied in February 2003. New evidence submitted since then is not considered material as it does not raise a reasonable possibility of substantiating the claims.

The Veteran's claims for increased ratings for his low back and right knee disabilities are being remanded due to the need for additional development, including obtaining updated treatment records and scheduling VA examinations.

The Board denied the Veteran's claims for an initial compensable rating for scar, removal hematoma, left thigh and service connection for left hip strain and lumbar disc herniation.

The Veteran's claims for service connection for brain tumor and degenerative disc disease of the lumbar spine have been reopened, but the evidence does not establish that these conditions are related to his military service.

The Board has determined that the Veteran's claim for service connection of a low back disorder requires additional development and remands to obtain Social Security Administration adjudications, medical records, and an examination. The case will be returned to the Board after these actions are completed.

The Board has determined that the Veteran's service connection claim for a lumbar spine disorder is granted, as her chronic lower back pain and sciatica are found to be related to her active duty service.

The Veteran's low back disability, characterized by a compression fracture of the first and second lumbar vertebrae, has been rated at 40 percent since August 16, 2008. The most recent VA examination in November 2010 showed forward flexion limited to 35 degrees, which does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's lumbar spine and left knee disabilities, as well as to address whether these conditions are related to service-connected disabilities.

The Board found no evidence of a chronic low back disability and concluded that the Veteran's subjective complaints do not constitute a separate, service-connected condition. The claim for service connection was denied.

The Veteran's appeal is being remanded due to his failure to report for a scheduled videoconference hearing. The case will be returned to the RO for further action.

The Board found that the Veteran's current low back disability is not related to his service, specifically noting that there was no objective evidence of a direct causal relationship between his in-service injury and his current condition.