Back / lumbar spine decisions — 2012

The Veteran's service-connected lumbar spine disability is rated at 40 percent, effective July 28, 2003. The RO denied higher initial ratings for the lumbago, lumbar herniated disk, and lumbar osteoporosis conditions.

The Veteran's lumbosacral strain has been rated at 20 percent since March 24, 1993. The current rating is maintained as the evidence does not meet the criteria for a higher evaluation.

The Veteran's claim for a higher rating for his cervical spine disability was denied, and the claim for TDIU was also denied. The VA examiner found that the Veteran's disability did not prevent him from engaging in sedentary employment.

The Board denied the appellant's claims for service connection for the cause of the Veteran's death and for DEA benefits, finding that there was no evidence linking the Veteran's death to military service.

The Board has granted the Veteran's claims for service connection for low back and bilateral foot disabilities. The skin disorder claim is remanded due to insufficient examination findings.

The Veteran's claim for a higher rating for his degenerative disc disease (DDD) of the lumbar spine at L2-3 and L4-5 is being remanded due to the need for further development, including obtaining additional medical records and SSA disability benefits information.

The Board has reopened the Veteran's claim of service connection for cervical and lumbar radiculopathy based on new evidence provided by Dr. Dar, which suggests a link between his current conditions and his military service.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess his employability and entitlement to special monthly compensation (SMC) due to service-connected disabilities. The issues of increased rating and TDIU are inextricably intertwined.

The Veteran's claim for increased ratings for degenerative arthritis of the lumbosacral spine was denied. The effective date is March 23, 2009.

The Veteran's claim for service connection for bilateral hearing loss and low back disorder was denied by the Board. The Veteran currently does not have a disability within the meaning of VA compensation purposes, as his current hearing loss is not shown to meet VA criteria for hearing disability.

The Board has determined that the appellant's pre-existing lumbar spine disability was aggravated during her period of active duty for training (ACDUTRA) in June 1996, and thus service connection is granted.

The Veteran's service-connected disabilities prevented him from securing and maintaining substantially gainful employment consistent with his education and occupational experience, particularly since February 1, 2011.

The Board finds that the Veteran's lumbar spine disorder is less likely due to his service-connected PTSD and more likely related to natural progression of age-related degenerative arthritis. The claim for secondary service connection is denied.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional examinations and consideration of his claims.

The Board found that the Veteran's service-connected lumbar spine disability, characterized by mild disc protrusion and degenerative changes with limitation of motion but no abnormal gait or spinal contour, is fully contemplated by the current 10 percent rating.

The Board finds that the Veteran's tinnitus is related to her military service, and she has a reasonable doubt in favor of her claim for service connection. The Board also finds that there is a reasonable doubt as to whether her cervical spine disability is related to her military service.

The Board has reopened the Veteran's claims for service connection of right hip and low back disorders, including as secondary to his service-connected post-operative right knee disorder. The evidence now supports a finding that these conditions are related to his service-connected right knee disorder.

The Veteran's appeal is being remanded to obtain a new VA spine examination, additional private treatment records, and determine whether the Veteran can secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran has withdrawn his appeals to reopen service connection claims for chronic lumbosacral strain with radicular pain to the right lower extremity (right hip pain) and for a chronic condition to account for right leg pain.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine is being remanded due to inadequate examination reports and incomplete medical records.