Back / lumbar spine decisions — 2012

The Board has determined that the Veteran's tinnitus is causally related to his military service and grants service connection for this disability. The Board finds no evidence of a back disability being incurred in or aggravated by active service.

The Board has granted service connection for tinnitus and lumbar spine arthritis, finding that these conditions are attributable to service. The Veteran's tinnitus is linked to noise exposure during service, while his back disability is associated with a fall from a tank in service.

The Board has remanded the case due to the Veteran's request for a hearing before the Board, and will schedule the appropriate type of hearing.

The Board has determined that a higher rating for the Veteran's lumbosacral spine disability is warranted, effective March 30, 2010. The current rating of 40% reflects the severity of his symptoms, which have not resulted in unfavorable ankylosis or incapacitating episodes.

The Board has found that the preponderance of evidence is against the Veteran's claims for service connection for a low back disability and left shoulder disability. The case is being remanded to obtain additional medical opinions and records.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Veteran's lumbar spine condition was rated at 20 percent prior to July 19, 2011. From that date forward, the rating has been increased to 40 percent for degenerative disc disease and intervertebral disc syndrome of the lumbar spine.

The Board denied the Veteran's claim for an earlier effective date for service connection of coronary artery disease, finding that the December 1968 rating decision denying service connection was not clearly and unmistakably erroneous.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's claim for a TDIU on an extraschedular basis is granted, as he is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's service-connected low back disability is currently rated at 40 percent prior to February 26, 2010 and in excess of 40 percent thereafter. The Board finds that the evidence does not support a higher rating for any period.

The Board has remanded the claims due to incomplete records and further development is needed.

The Board has decided that the Veteran's low back disability is service-connected, with no specific rating assigned and without an effective date provided.

The Board found that the Veteran's cervical and lumbar spine disabilities were not related to his military service, as they are chronic conditions first identified many years after discharge.

The Veteran's initial claim for a higher rating for his service-connected lumbar spine disability was granted in April 2006, with an initial evaluation of 10 percent effective January 31, 2006. In June 2010, the RO increased the Veteran's disability evaluation to 20 percent under Diagnostic Code 5243 (intervertebral disc syndrome), effective August 13, 2008.,The Veteran has a separate compensable neurologic abnormality affecting his right leg that is associated with his service-connected lumbar spine disability. The issue of TDIU remains pending.

The Veteran's bilateral hip, right leg and knee disabilities, and low back disability are not service connected as there is no evidence of any in-service injury or disease that caused or aggravated these conditions.

The Board has determined that the Veteran's claimed back, neck, and right knee disorders are not related to his military service. The evidence does not support a finding of direct service connection for these conditions.

The Board has remanded the case due to inadequate nexus opinion and need for a corrected VCAA letter. The Veteran's low back disorder is being evaluated in terms of whether it is related to service, specifically if it was aggravated by military service.

The Board has remanded the case for additional development due to inadequate medical examination and failure to provide adequate reasons or bases for its determination regarding functional limitation during flare-ups.

The Veteran's current arthritis of multiple joints other than both knees, both shoulders, the lumbar spine, the right ankle, and the left elbow is not related to his military service or any incident therein.