Back / lumbar spine decisions — 2012

The Board has remanded the case for additional development, including a VA examination and consideration of the TDIU claim. The Veteran's service-connected disabilities include left leg pain, low back strain, and rheumatoid arthritis (claimed as venous thrombosis).

The Board has granted service connection for a lumbar spine disability, characterized by degenerative discogenic changes with disc bulging and small disc protrusion at L4-L5 and L5-S1 and central stenosis. The Veteran's neck disability is remanded for further development.

The Board has granted service connection for PTSD and assigned a 30 percent disability rating, effective January 29, 2008. The Veteran's PTSD is currently rated under the General Rating Formula for Mental Disorders.

The Veteran's claims for service connection for gastrointestinal, lower back, left knee, and right knee disorders have been granted.

The Board has reopened the Veteran's claim for service connection for tinnitus and remanded the case to ensure compliance with all due process requirements, including obtaining additional medical records and scheduling a VA examination.

The Board has decided to remand the case for additional development, including obtaining service personnel records and private medical records related to treatment of the Veteran's back since discharge. The VA examiner will provide an opinion on whether the claimed back disability is related to service.

The Veteran's claims for headaches, allergic rhinitis, left shoulder disorder, and lumbar and thoracic spine disorders were denied. The Board found that the evidence did not meet the criteria for a compensable rating for allergic rhinitis or service connection for the claimed conditions.

The Board found no credible evidence of an injury to the Veteran's neck during service and concluded that there is insufficient medical evidence to support a finding of continuity of symptomatology. Therefore, the cervical spine disability was not incurred or aggravated by service.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current status of his service-connected disabilities and consideration of whether separate ratings are warranted.

The Veteran's right leg disability is currently rated at 10 percent, but the Board finds that it does not meet or approximate the criteria for a higher rating.

The Board found that the reduction of the disability rating from 40% to 10% for service-connected low back strain with DJD was proper, and granted an increased rating.

The Board denied the Veteran's claims for a higher rating for his chronic low back strain with disc narrowing at L4-5 level and service connection for numbness and twitching sensations in both legs, finding that there was no evidence of current disability or causation.

The Board has decided to remand the claim for a low back disorder due to insufficient medical opinion regarding its etiology. The Veteran's lay statements of continuous symptoms since service are considered, and further development is needed.

The Veteran's low back disability has been granted service connection and assigned a 20 percent evaluation. Service connection for a psychiatric disorder (Personality Disorder) and a right shoulder disability have not been established.

The Veteran's service-connected degenerative disc disease with lumbar strain is currently rated at 40 percent, effective June 11, 2007. The Board finds that the evidence does not support a higher rating for this disability.

The Veteran's low back disability is rated at 50 percent since July 31, 2012. He also receives a separate 10 percent rating for right lower extremity radiculopathy. The Board granted TDIU based on his service-connected disabilities.

The Board granted the Veteran's claims of increased ratings for facial scars and psychiatric disability, but denied his claim for service connection for epistaxis. The left jaw disability was rated as noncompensable under Diagnostic Code 9904 due to slight displacement.

The Veteran's appeal is being remanded for further development to determine the nature and likely etiology of his claimed disabilities, including vertigo, left knee disability, right knee disability, lumbar spine disability, cervical spine disability, left hip disability, and right hip disability.

The Veteran's request for a hearing has been addressed, and he wants to appear at a Travel Board Hearing before the RO. The case is being remanded due to this.

The Board has remanded the case for additional development, including obtaining missing service treatment records and securing private medical records. The Veteran is also to be scheduled for a VA examination to determine if his current low back disorder is related to his military service.