Back / lumbar spine decisions — 2012

The Veteran's appeal for an increased rating for his service-connected lumbar disc disease is being remanded due to inadequate VCAA notice.

The Veteran's claim for service connection for a back disorder is being remanded due to conflicting medical opinions and the need for another VA examination.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, including bilateral hearing loss. The claims of entitlement to service connection for an eye disability and deep vein thrombosis with pulmonary embolism are denied. Claims for increased ratings for left knee, low back, and right fifth finger disabilities are also denied.

The Veteran's claim for service connection of his lower back condition is being remanded due to the need for additional records from Social Security Administration and Elmhurst Clinic.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is not manifested by ankylosis and does not warrant a higher rating as there are no records indicating at least six weeks of incapacitating episodes with physician-prescribed bed rest during a twelve-month period.

The Board has decided to remand the case for further development, including obtaining additional medical opinions and evidence. The Veteran's claim of service connection for a low back disability is being reviewed.

The Veteran's claims for increased rating and TDIU related to her lumbar spine disability are being remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran's tinnitus is service-connected, as it is at least as likely as not related to noise exposure during his military service. The low back disorder claim is being remanded for further development.

The Board has granted service connection for an acquired psychiatric disorder (bipolar or other mood disorders) and a low back disorder. The Veteran's mood disorder is found to have its onset in service, while his low back disorder is presumed to have been incurred during service.

The Board has determined that the Veteran's low back disability is at least as likely as not incurred in service, and thus grants service connection for this condition.

The Board has remanded the case for additional development, including obtaining VA examination reports and records, as well as arranging for an opinion regarding whether or not the Veteran is able to secure and follow substantially gainful employment in light of his chronic low back strain.

The Veteran's degenerative disc disease of the cervical spine was not shown to be directly related to his military service, and it is not considered secondary to a service-connected condition. The Board found no medical evidence linking the current disorder to service.

The Veteran's claims for increased ratings for his service-connected acquired psychiatric disability and degenerative disc disease of the lumbar spine were denied. The Veteran's acquired psychiatric disability was found to be manifested by symptoms such as sleep difficulties, nightmares, intrusive thoughts or memories about military service, flashbacks, hypervigilance, anger, bouts of rage, depression, anxiety, paranoia, suicidal ideations, and homicidal ideations. His degenerative disc disease of the lumbar spine was manifested by pain that increased with changes in weather, causing sleeping difficulties but not radiating to his lower extremities.

The Veteran's service-connected lumbar strain with degenerative joint disease and associated radiculopathy have been granted a 40 percent disability rating effective December 6, 2011. The issue of TDIU remains pending.

The Veteran's claim for a higher disability rating for his postoperative laminectomy and fusion of the lumbosacral spine is granted, with a current 40% disability rating. The claims for special monthly compensation based on need for regular aid and attendance or by reason of being permanently housebound are denied, as well as the claim for service connection for a bladder disability secondary to his lumbar spine disability.

The Board has granted service connection for degenerative disc disease of the lumbar spine and an acquired psychiatric disorder, diagnosed as major depressive disorder and an adjustment disorder with a depressed mood. The headache disorder claim is remanded for further development.

The Board has granted service connection for degenerative disc disease of the lumbar spine and determined that there is sufficient evidence to support a finding that this condition is related to military service. The issue regarding the higher evaluation for mechanical low back pain remains pending.

The Board found that the Veteran's thoracolumbar spine does not meet the criteria for an evaluation in excess of 20 percent due to lack of forward flexion or ankylosis.

The Board has determined that the Veteran's claim for TDIU requires additional development, including obtaining an updated VA examination to assess his employability due to his service-connected disabilities.

The Veteran's PTSD and thoracolumbar spine disability have been granted service connection, with a 10 percent rating initially assigned for each condition. The Board has determined that the current ratings are appropriate.