Back / lumbar spine decisions — 2012

The Board found that the Veteran's low back disorder did not manifest during service or until many years after separation, and has not been linked to his service-connected bilateral pes planus. As such, the claim for secondary service connection was denied.

The Board has remanded the Veteran's claims for additional development due to new STRs and outstanding VA treatment records.

The Board has remanded the Veteran's claims for additional development due to inadequate examination reports and failure to consider her statements regarding service in the Persian Gulf.

The Veteran's lumbar spine degenerative disc disease was rated at 20 percent effective June 9, 2011. The other conditions were not rated higher.

The Veteran's appeal is being remanded to obtain additional VA medical records and to schedule a VA examination for his service-connected lumbar spine disability. The issue remains in appellate status as the Veteran seeks an increased rating.

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection of a low back disability. The condition is currently found to be aggravated by his service-connected left ankle disability.

The Veteran's claims for earlier effective dates for service connection of various joint disabilities were denied. The Board found that the earliest date entitlement arose was November 6, 1998, when the Veteran filed a claim for increased ratings and reexamination.

The Board has granted service connection for a disorder of the low back, finding that the Veteran's current diagnosis is attributable to his military service. The claim for a fungal infection of the right hand was withdrawn by the Veteran during a hearing.

The Veteran has a current bilateral hearing loss disability that is at least as likely as not related to his military service, specifically the noise exposure during combat in Vietnam. The Board grants service connection for this condition.

The Board has determined that additional examinations and development are necessary before the claims for service connection can be decided.

The Board has remanded the case due to a need for a new hearing, and is not currently making a determination on service connection.

The Board has reopened the Veteran's claim of service connection for a low back disability and remanded the issue of service connection for an acquired psychiatric disorder, including PTSD.

The Veteran's lumbar IVDS with degenerative arthritis and peripheral nerve involvement is currently rated as 10 percent disabling, which does not meet the criteria for a higher rating. His neuropathy of the left lower extremity remains noncompensable.

The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment, meeting the criteria for a TDIU rating.

Your claims for service connection have been remanded to the RO. You will need to provide additional evidence and complete any necessary steps to perfect your appeal of the downstream claim for a higher initial rating for your low back disorder.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151, finding that his arthritis of the lumbosacral spine was not caused by VA treatment and did not result from any fault on the part of VA.

The Board has determined that the Veteran does not have a current left ankle disability and denied service connection for low back disability due to lack of evidence. The claim for left ankle disability is also denied.

The Veteran's claims for increased ratings for her cervical and thoracolumbar spine disabilities were denied. The cervical spine disability was rated at 30 percent, while the thoracolumbar spine disability was rated at 10 percent prior to January 25, 2010, and 20 percent thereafter.

The Veteran's appeal is being remanded for further development, including additional examinations and consideration of whether referral to the appropriate official under 38 C.F.R. § 4.16(b) for extraschedular consideration is warranted.