Back / lumbar spine decisions — 2012

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for lumbar spine disability. The case is remanded for further development, including obtaining relevant STRs from her reserve service period and verifying any active duty for training periods where she claims injury or aggravation.

The Veteran's low back disorder is being remanded for further development as the VA compensation examiner determined it was less likely related to service, but the Veteran and his doctors believe it is due to a service injury. Additional medical opinions are needed from the treating physicians.

The Veteran's appeal is being remanded to ensure full compliance with the duty to assist, including obtaining SSA records and VA treatment records. Additionally, he should be scheduled for VA examinations to determine the nature of his claimed disabilities.

The Veteran's claim for service connection for PTSD is granted, and he is presumed to have developed Type II Diabetes Mellitus due to herbicide exposure during his service in the Republic of Vietnam. The low back disorder claim requires additional development as it involves a VA compensation examination and obtaining private treatment records.

The Veteran's appeal has been dismissed as he withdrew his appeals for the issues of entitlement to an initial rating in excess of 10 percent for degenerative disease of the cervical and lumbar spine, and entitlement to initial compensable ratings for a right ankle scar and bilateral pes planus.

The Board has reopened the claim for service connection for a low back disability, but denied the underlying claim as the Veteran's current diagnosed lumbar spine disability is not related to his military service.

The Veteran's claim for an increased rating for his lumbar spine disability prior to May 4, 2012 was denied as the evidence did not show residuals of a vertebral fracture without cord involvement, unfavorable ankylosis of the dorsal spine, favorable ankylosis of the lumbar spine, limitation of motion in the lumbar spine that is 'severe' in nature, or intervertebral disc syndrome that is severe in nature with recurring attacks and only intermittent relief. The Veteran's claim for TDIU was not addressed as it arose from a disagreement with the initial evaluation following the grant of service connection.

The Board has decided to remand the case for further development, including a VA examination and medical opinion regarding the etiology of the Veteran's chronic low back disability. The claim will be readjudicated after all necessary actions are completed.

The Veteran's low back disability is currently rated at 10 percent for forward flexion of the thoracolumbar spine greater than 60 degrees and combined range of motion greater than 120 degrees, without muscle spasm or guarding severe enough to result in abnormal gait or spinal contour. The criteria for a higher rating are not met.

The Board finds that the Veteran's current lumbar spine disability is related to his in-service injury during combat training, and grants service connection for this condition.

The Board has determined that further development is needed to obtain VA and private medical records, as well as a VA examination for the Veteran's lumbar spine disorder. The appeal will be remanded for these actions.

The Veteran's appeal has been dismissed as the appellant requested and withdrew their appeal for an initial disability rating in excess of 10 percent for degenerative disc disease of the lumbar spine, with disc herniation.

The Board denied service connection for an acquired psychiatric disability, including nervousness (Generalized Anxiety Disorder), and a back disability.,Degenerative joint disease of the lumbar spine was not shown to be related to service.

The Board has remanded the case for additional development, including obtaining employment records and scheduling VA examinations to assess the severity of the Veteran's service-connected disabilities.

The Board denied a rating higher than 40 percent for chronic thoracolumbar strain, to include DDD and DJD. The Veteran was also denied a separate 10 percent rating for left lower extremity neurological impairment associated with the service-connected low back disorder.

The Board finds that the Veteran's low back disability is not related to his military service or service-connected PTSD, and thus denies the claim for service connection.

The Board has remanded the case for further development, including verification of the Veteran's National Guard and Army Reserve service records.

The Board has ordered additional development due to the need for clarification and correction of previous examination reports, particularly regarding in-service complaints and their relation to current disabilities.

The Board has remanded the case due to inadequate medical opinion regarding the Veteran's employability prior to January 6, 2006. The Veteran needs a retrospective medical opinion from an appropriate physician addressing whether she was unemployable due to service-connected disability(ies) at any pertinent point prior to that date.

The Board has determined that the Veteran's cervical spine and lumbar spine disorders are related to his military service, granting service connection for these conditions.