Back / lumbar spine decisions — 2012

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining medical records to determine the etiology of the Veteran's claimed low back disability and bilateral hearing loss.

The Veteran's appeal is being remanded for a VA examination to determine his ability to work due to service-connected disabilities, and for further adjudication.

The Veteran's appeal includes multiple issues related to increased ratings for various disabilities and service connection claims. The case is being remanded due to the need for a Travel Board hearing, issuance of an SOC on the effective date issue, and other procedural steps.

The Board has determined that the Veteran does not have a current low back or right knee disability and there is no evidence linking these disabilities to service. Therefore, the claims for service connection are denied.

The Board has decided to remand the case for additional development, including obtaining private treatment records and providing a VA medical opinion regarding the etiology of the Veteran's low back disorder.

The Veteran has withdrawn his appeal for the issues of entitlement to an initial compensable rating for hemorrhoids and service connection for a bilateral hip disorder, bilateral knee disorder, low back disorder, right ear hearing loss, tinnitus, a bilateral eye disorder, erectile dysfunction, hypertension, and chloracne.

The Board found that the Veteran does not have a current pulmonary disability or low back disability that is attributable to active service. The VA examiner opined that it was less likely as not that a one-hour inhalation of Freon in the military had caused longstanding permanent bronchial asthma.

The Veteran's additional disabilities, including chronic cervical spine and low back disorders, are not deemed to be caused by VA treatment. The Board finds that the Veteran's pre-existing conditions were aggravated by the July 2003 car accident.

The Veteran's initial claim for an increased rating for lumbosacral spine disability was granted, with a current evaluation of 10 percent. The appeal is now focused on whether the Veteran should receive a higher initial evaluation from December 4, 2009.

The Veteran's claims for increased ratings for his service-connected lumbar ankylosing spondylitis, bilateral pes planus with plantar fasciitis, and anxiety disorder NOS with pain disorder were denied. The effective date is not specified.

The Board has found new and material evidence to reopen the claim for service connection for a low back disability. The case is now remanded for further development and consideration on its merits.

The Board has denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his failure to report for a scheduled VA examination.

The appellant's combined disability rating is 70%, which does not meet the criteria for a TDIU as his disabilities are service-connected and do not prevent him from obtaining and maintaining substantially gainful employment.

The Board found that the Veteran's neck disability did not manifest during or as a result of active service and was not caused by his service-connected lumbosacral spine disability. As such, service connection for this condition is denied.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA medical records and Social Security Administration disability benefits records.

The Board has determined that the Veteran's low back and bilateral hip disabilities are etiologically related to his active service, granting service connection for these conditions.

The Board has determined that additional development is necessary in order to properly adjudicate the Veteran's claims, including obtaining VA examinations and Social Security Administration (SSA) records.

The Board has determined that the Veteran's claimed back and left foot disabilities are not related to service, as there is no credible evidence of in-service injury or disease. The current conditions do not meet the criteria for direct service connection.

The Board found that the Veteran's service-connected disabilities did not render him unable to independently perform daily functions of self-care or to protect himself from the hazards and dangers incident to his daily environment, thus denying entitlement to special monthly compensation based on aid and attendance.

The Board has determined that further development is needed to determine the nature and etiology of any low back disability, including whether it is related to active military service or events therein. The case will be remanded for this purpose.