Back / lumbar spine decisions — 2012

The Board has remanded the case due to incomplete records and outstanding evidence, including service records, private treatment records, and Social Security Administration (SSA) records. The Veteran's claims for service connection are being returned to the RO/AMC for further development.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for a low back disability and an acquired psychiatric disorder. The case is being remanded for further development, including VA examinations.

The Veteran's claim for service connection for lumbosacral strain with arthritis is being remanded due to the need to obtain additional medical records and conduct a VA examination.

The Board found that the Veteran's COPD was not caused or aggravated by his service-connected pulmonary tuberculosis, and thus denied secondary service connection for COPD.

The Veteran's appeal is being remanded due to the need for additional VA treatment records, STRs, and examinations. The claims of service connection for bilateral hearing loss, tinnitus, headaches, low back disability, and cervical spine disability are pending.

The Board has reopened the claim of service connection for low back disability and granted a compensable evaluation for bilateral hearing loss. The Veteran's current hearing loss disability is currently manifested by an average pure tone decibel loss of 49 with 96 percent speech discrimination in both ears.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the Veteran requires aid and attendance or is housebound due to his disabilities.

The Board found that the Veteran's back, feet, and left knee disabilities were not incurred in or aggravated by service. The VA examiner opined that there was less than a 50% probability that these conditions were caused by events or injuries during service.

The Veteran's claims for increased rating of thoracolumbar spine disability and service connection for left knee disability were denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection.

The Board has remanded the Veteran's claims for service connection of hypertension and a low back disorder due to further evidentiary development.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disability was denied by the Board, as his service-connected myositis of the lumbar paravertebral muscles does not preclude him from engaging in substantially gainful employment.

The Board has determined that the Veteran's current low back, right knee, and left knee disabilities are related to his active military service. The benefit of the doubt is resolved in favor of the Veteran.

The Veteran's lumbar spine disability is currently rated at 40 percent, the maximum schedular rating available under Diagnostic Code 5242. The claim for an evaluation in excess of 40 percent has been denied.

The Veteran's claims for increased evaluations for his service-connected degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity are being remanded due to the need for additional medical evidence and a new VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the etiology of his claimed low back and right ankle disorders.

The Veteran's claims for service connection were denied as his claimed conditions are not related to his active duty service.

The Board has determined that additional development is needed to ensure procedural due process compliance and to obtain a complete record upon which to decide the claims. The Veteran needs to be rescheduled for VA examinations to determine whether he currently suffers from diagnosed disabilities, including left shoulder disorder, hearing loss, tinnitus, lung disorder, and back disorder.

The Veteran's appeal is being remanded for scheduling a videoconference hearing at the Nashville RO. The issues of service connection for various disabilities are pending.

The Board has remanded the case for scheduling a hearing before a Decision Review Officer (DRO) at the RO and, if necessary, rescheduling a videoconference hearing. The claim will be readjudicated after these actions.

The Board found that an increase in the Veteran's left lower extremity radiculopathy occurred on June 24, 2003. The effective date for the award of service connection and a separate rating for intermittent radiculopathy of the left lower extremity is set at August 12, 2003.