Back / lumbar spine decisions — 2012

The Board has denied the Veteran's claims for service connection for chronic fungus of the feet and toenails, a low back disability, and bilateral knee disabilities due to lack of evidence linking these conditions to his military service.

The Board has determined that additional service treatment records are needed to fully evaluate the Veteran's claims for lumbar spine disorder and tinnitus. The case is being remanded for this purpose.

The Veteran's appeal is remanded for further development regarding overpayment of disability compensation benefits, clarification on the status of his hearing loss and back disability claims, and potential reconsideration of these issues.

The Veteran's initial evaluations for ankylosing spondylitis of the thoracolumbar spine and cervical spine have been granted, but both are at their maximum allowable ratings.

The Veteran's service-connected thoracolumbar spine disability is associated with objective neurological abnormalities of the right lower extremity, resulting in mild incomplete paralysis of a nerve. There are no objective neurologic abnormalities of the thoracic area that meet the criteria for a separate rating.

The Board has remanded the case for further development due to a duty to obtain Social Security Administration (SSA) records related to the Veteran's disability.

The Veteran's claims for service connection and increased rating have been remanded due to the need for additional examinations to determine the etiology of his left knee disorder, low back disorder, and right knee disorder.

The Veteran's lumbosacral strain was initially rated at 10 percent prior to October 29, 2010 and increased to 20 percent effective that date.,Since October 29, 2010, the Veteran is entitled to a rating of 40 percent for her lumbosacral strain.

The Veteran's claim for increased ratings for his service-connected back disability is being remanded due to the need for a more recent VA examination and additional records.

The Board has remanded the claims due to missing service treatment records and the need for additional development, including a new VA examination.

The Board found that the Veteran's spondylolisthesis of the lumbar spine is a congenital abnormality that clearly and unmistakably pre-existed his military service and was not aggravated in service.

The Veteran's appeals for increased ratings for his service-connected left foot disorder, low back disorder, tendonitis of the right knee, and bilateral hearing loss were granted. The initial evaluations assigned prior to February 8, 2007, for left foot disorder are 20 percent; beginning February 8, 2007, they are 10 percent. For low back disorder, the initial evaluation is 30 percent beginning March 31, 2011. The right knee tendonitis initially received a noncompensable evaluation and then a 10 percent evaluation beginning March 11, 2008; it remains at a noncompensable evaluation for hearing loss.

The Veteran's service-connected disabilities do not render him in need of the regular aid and attendance of another person, nor are he bedridden or housebound. Therefore, his claim for SMC based on the need for aid and attendance is denied.

The Board has granted service connection for a cervical spine disorder, lumbar spine disorder, and headaches. The Veteran's current conditions are found to be related to his active military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging for medical examinations to assess the current severity of his service-connected low back, left knee, and left ankle disabilities.

The Veteran's appeal is being remanded for further development, including additional examinations and consideration of whether extra-schedular ratings are warranted.

The Veteran's service-connected right knee disability is rated as noncompensable, and the claim for higher rating is denied.

The Board found that the Veteran's current low back disorder is not related to his active service, including a slip and fall injury in service. The evidence did not support a finding of direct service connection.

The Veteran's claims for service connection for PTSD and GERD were denied as there was no evidence of a current disability or a link to military service.

The Veteran's claim for service connection for a back disability is being remanded due to the need to obtain additional medical records and personnel records.