Back / lumbar spine decisions — 2012

The Veteran's claim for a higher rating for his benign prostatic hypertrophy with prostatism has been granted, effective September 18, 2006. The effective date of the increased disability evaluation is determined to be September 18, 2006.

The Board found that the preponderance of evidence is against finding that the Veteran has a low back disability, bronchitis, or sleep apnea disability that are etiologically related to service. The claims for these conditions were therefore denied.

The Board has determined that the Veteran's lumbar and cervical spine disabilities were aggravated during service, warranting service connection.

The Board finds that the Veteran's current left knee and lumbar spine disabilities are less likely as not related to service, based on the January 2008 VA examination report.

The Veteran's claim for a separate rating for left lower extremity radiculopathy as part of his service-connected degenerative disc disease of the lumbar spine is granted, with an effective date of May 17, 2007.

The Veteran's appeal is being remanded for additional development of her service connection claims, including obtaining medical records and scheduling examinations to address the nature and etiology of her claimed disabilities.

The Board has remanded the case to seek additional service treatment records, VA treatment records, and any relevant Social Security Administration (SSA) records. The Veteran's claim for reopening his low back disability service connection is pending.

The Veteran's appeal is being remanded due to scheduling issues for a personal hearing before a Veterans Law Judge (VLJ). The initial rating and compensable rating claims for tarsal tunnel syndrome associated with hallux valgus, 5th digit, left foot are pending. Service connection for lumbar strain remains under review.

The Board found that there is no evidence of a low back disorder during service or within the presumptive period, and denied service connection for a low back disability.

The Board found that the Veteran's current back disability did not manifest during or as a result of his military service, and thus denied his claim for service connection.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and radiculopathy were granted, with the effective date being October 2001. The initial rating of 10% was maintained throughout the appeal period.

The Board found no evidence of a chronic lumbar or cervical spine disorder in service, and the Veteran's current conditions are not related to his military service. The claim for service connection is denied.

The Veteran's PTSD is currently rated at 50 percent, effective December 10, 2002.,Service connection for tinnitus has been granted based on in-service noise exposure and current medical evidence.

The Veteran's claim for an increased disability evaluation for his back disability was denied. The claim of service connection for a fungal disorder was reopened due to new and material evidence, but the reopening does not affect the denial of the original claim. The eligibility for Dependents' Educational Assistance under Chapter 35 was also denied.

The Board found that the Veteran's low back disorder was not incurred during his active military service and is not related to any service-connected disability. Therefore, service connection for a low back disorder is denied.

The Board has determined that there is no evidence of a nexus between the Veteran's cervical and lumbar spine disabilities and his military service, thus denying his claims for service connection.

The Board has ordered a new VA examination to determine if the Veteran's low back disability is related to service, and whether it was aggravated by service.

The Veteran's initial rating for his service-connected thoracolumbar spine disability is granted at 20 percent, effective from the date of the July 2004 decision.

The Veteran's appeal is being remanded for further development and consideration, including obtaining service personnel records and arranging for a VA examination to determine the nature and etiology of his claimed disabilities.

The Veteran's radiculopathy of the right lower extremity is currently rated at 10 percent, which reflects a mild level of incomplete paralysis. The Veteran's migraine headaches do not manifest as prostrating attacks.