Back / lumbar spine decisions — 2012

The Board has remanded the claim due to inadequate opinions regarding whether the Veteran's low back disability is caused by or worsened by his service-connected left knee disability. The case must be returned for further examination and opinion.

The Board found that the Veteran failed to report for VA examinations and did not provide a valid reason. The preponderance of the evidence does not support the presence of current headache or back disorders related to service, including as secondary to PTSD.

The Veteran's claims for increased ratings for his thoracolumbar spine disability and left shoulder disability were denied. The Board found that the evidence did not support an initial rating in excess of 10 percent for either condition.

The Board denied the Veteran's claims to reopen service connection for back and left leg disorders, finding that no new evidence had been submitted since the previous denial. The Board also found that cervical spondylosis was not incurred in or aggravated by active military service.

The Veteran's service-connected lumbar radiculopathy of the right lower extremity is currently rated at 20 percent, effective May 22, 2008. His degenerative joint disease of L5-S1 results in a 20 percent evaluation as well.

The Veteran's service-connected compression fractures of the thoracic and lumbar spines are currently rated at 20 percent each, with no higher ratings being granted. The effective date for these increased ratings is not specified.

The Veteran's lumbosacral strain is currently rated at 20 percent, effective September 24, 2008. The Board found that the disability does not warrant a higher rating based on limitation of motion or other orthopedic factors.

The Board found that new and material evidence had not been received to reopen the Veteran's claims for service connection for hypertension and a back disorder. The claims were denied as there was no evidence showing these conditions are related to service or his service-connected anxiety neurosis.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service and denied his claim.

The Veteran's appeal is being remanded for further development, including a VA examination to assess his employability due to service-connected disabilities and consideration of whether an extraschedular TDIU rating should be considered.

The Board has determined that there is not sufficient evidence to establish service connection for the Veteran's claimed low back, right knee, and left knee disabilities. The preponderance of the medical evidence does not support a finding that these conditions are related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining service personnel records and VA treatment records. The issues of service connection for back disability and psychiatric disability are also being considered.

The Veteran's service-connected disabilities (asbestosis and traumatic arthritis of the lumbar spine) did not render him unable to secure or follow a substantially gainful occupation, as his primary disability was non-service connected end-stage Parkinson's disease.

The Board has remanded the case due to inadequate medical examination and incomplete VA treatment records. The Veteran's claim for service connection for a low back disability is pending.

The Veteran's appeal is being remanded for additional development, including obtaining VA outpatient records and authorization for private medical records. The claims will be adjudicated again after the additional evidence is considered.

The Board denied the Veteran's claims for service connection for diabetes mellitus, cervical spine disorder, lumbar spine disorder, and residuals of a right rib fracture. The appeals were decided on the basis that there was no evidence of in-service injury or disease related to these conditions.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and SSA benefits information. A VA examination will be conducted to determine the etiology of his lumbar spine disability.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule him for VA examinations to determine the nature and etiology of his claimed disabilities.

The Board finds that the Veteran's chronic tension headaches had their onset in service and grants service connection for this condition.

The Veteran withdrew all his pending claims for service connection and increased rating, including those related to cholelithiasis, fatty liver, elevated ferritin levels, hypertension, and a back disorder. The appeal is dismissed.