Back / lumbar spine decisions — 2012

The Veteran's claims for service connection and TDIU are being remanded due to the need for additional development, including obtaining a medical opinion regarding the relationship between his service-connected hypertension and his low back and hip disorders.

The Board has remanded the case for additional development due to questions regarding the exact nature and etiology of certain disabilities, including pharyngitis/sinusitis, thoracolumbar spine disability, and right knee disability. The Veteran is requested to provide information about his treatment at a private medical facility.

The Veteran's low back disability, characterized by lumbosacral strain with degenerative arthritis, has not met the criteria for a higher rating than 20 percent under VA regulations. The evidence shows that his forward flexion of the thoracolumbar spine is limited to no more than 50 degrees (60 degrees in some assessments), which does not meet the requirement for an increased rating.

The Board denied service connection for low back disability, bilateral hip disorder, and acquired psychiatric disorder (to include anxiety/depression) as the Veteran's conditions are not shown to have originated during military service or be otherwise etiologically related thereto.

The Veteran's claim of entitlement to a total rating based on individual unemployability (TDIU) is being remanded for further development, including obtaining an additional VA examination and providing a supplemental opinion regarding the impact of his service-connected disabilities on his employability.

The Board has determined that there is no evidence of a right foot disability or low back disability incurred in service, and the current conditions are not related to service.

The Board found that the Veteran's degenerative disc disease of the lumbar spine is not related to service or a service-connected condition, and denied his claims for right and left foot disorders. The Board concluded that the current back condition was more likely age-related rather than service-connected.

The Veteran is seeking an earlier effective date for the grant of service connection for a low back disorder and also challenges the February 1996 rating decision that denied such. The case must be remanded to allow for further consideration.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining information about his exposure to Agent Orange and any pre-existing back injury. The case will be returned for further action.

The Veteran's low back disability is not service-connected as there is no evidence of a current disability and the medical opinions provided do not support a finding that his current condition is related to military service.

The Veteran's claim for service connection for a low back disorder and coronary artery disease (CAD) has been granted. The low back disorder is considered to be directly related to his active duty, while CAD is found to be proximately due to his service-connected hypertension.

The Board denied the Veteran's claims for service connection for right ear hearing loss and thoracolumbar spine disability, finding that there was no current disability related to service.

The Veteran's combined service-connected disability rating is 100%, but he does not have a single permanent disability rated at 100%. Therefore, he lacks legal ground to establish special monthly compensation based on housebound status.

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's appeal has been withdrawn due to a change in his combined disability rating, and he no longer wishes to continue with the appeal.

The Veteran has withdrawn his appeal for an increased rating for degenerative disc disease, cervical spine.

The Veteran's claims for service connection for low back, right hip and right elbow disabilities are being remanded for additional development.

The Board found no current chronic low back disability had its onset during the Veteran's military service or was caused or aggravated by a service-connected condition. The pre-existing lumbar spine disability was also not shown to have been aggravated during active duty service.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected low back strain, and for further development.

The Veteran's right lower extremity sciatica has been rated at 40 percent since August 3, 2011. The effective date remains pending as the claim is still under consideration.