Back / lumbar spine decisions — 2012

The Veteran's appeal is being remanded due to inconsistencies in his employment history and the need for additional development, including a VA examination to determine if he is unemployable due to service-connected disabilities.

The Board denied the Veteran's claim of service connection for lumbosacral strain, finding that his current lumbar spine disorder did not manifest in or was not caused by any incident during service.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining medical records and scheduling appropriate VA examinations.

The Board has remanded the case for additional development due to incomplete records from the Cleveland, OH Police Department. The spine claims are currently pending and will be reconsidered after the requested information is obtained.

The Board has determined that the Veteran's current lumbar spine disorder is likely due to his service, and thus grants service connection for this condition.

The Veteran's claims for increased ratings and TDIU were denied. The left knee condition is rated at 10 percent, while the lumbosacral spine disability was rated as 20 percent from July 15, 2008 to January 7, 2011.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional medical opinion regarding his service-connected disabilities and their impact on employment.

The Board found that the Veteran's current low back disability is not related to his service, and thus denied his claim for service connection.

The Board found that the Veteran's current back disability is not related to his in-service injury and denied his claim for service connection.

The Board dismissed the appeal due to lack of timely filing of a notice of disagreement for the denial of service connection for degenerative disc disease. The Veteran's claims for other conditions were denied as they are not compensable under VA regulations.

The Veteran's prostate cancer is presumed to be service connected due to exposure to herbicides during his Vietnam service. The low back disability is not service connected as there is no evidence of a current condition related to service.

The Board has granted service connection for right ear hearing loss, finding that the Veteran's current mild left ear hearing loss does not meet VA disability compensation criteria and there is no evidence of a current disability related to service. Right ear hearing loss was found to be related to active duty service.

The Board has determined that the Veteran's service-connected cervical spine disability does not warrant an increased rating in excess of 20 percent, as there is no evidence of forward flexion limited to 15 degrees or less, or favorable ankylosis.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling a VA examination if needed. The case will be readjudicated based on the de novo review of the record.

The Veteran's TDIU claim is being remanded for additional development, including a medical opinion regarding the impact of his service-connected disabilities on his ability to secure and follow a substantially gainful occupation.

The Board has restored the Veteran's original 30 percent rating for his right knee disability, but denied an increased rating for his lumbar spine condition.

The Board found that the Veteran's cervical spine disorder is service-connected and granted service connection. For his lumbar spine condition, the Board determined there was insufficient evidence in the August 2010 VA examination report to adequately assess the degree of impairment due to degenerative disc disease.

The Board has reopened the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a cervical spine fracture and granted it, finding that the syncopal episode causing the fracture was not reasonably foreseeable.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected lumbar spine condition and to determine if he has any left leg disorder related to his back disability. The case will be returned to the Board after this development.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The issues of service connection for PTSD, anxiety and depression, as well as back disorder are still under consideration.