Back / lumbar spine decisions — 2012

The Veteran's DDD of the lumbosacral spine was granted a 40 percent rating effective April 1, 2005.,A separate 10 percent rating for left lower extremity radiculopathy was granted effective October 5, 2011.

The Veteran's claims for service connection for a low back disability and asthma and chronic bronchitis are being remanded due to the need for additional development, including VA examinations.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronic back pain in service and no relationship to service. The Veteran's current back disorder is not related to his military service.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is related to service and grants service connection for this condition.

The Board has determined that the Veteran's back disorder and left knee disorder are not related to his military service.,Both conditions were first diagnosed several years after service, and there is no evidence of a chronic condition in service.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, a spine disorder (cervical and lumbar), residuals of a hernia repair, and peripheral neuropathy. The Board found that there was no evidence linking these conditions to his active military service.

The Veteran's appeal of the issues regarding lumbosacral strain rating and PTSD effective date has been dismissed due to withdrawal by the Veteran.

The Board has denied the Veteran's claims for service connection for tinea/pseudofolliculitis barbae and a low back disorder due to lack of evidence of current disability attributable to these conditions.

The Board has reopened the Veteran's claims for service connection for bilateral knee, hip, and back disorders based on new evidence. The underlying claim will be reviewed de novo.

The Veteran's service-connected lumbar and cervical spine disorders have not presented an exceptional or unusual disability picture with marked interference with employment or frequent periods of hospitalization, so the regular schedular standards are adequate for compensation.

The Board has reopened the Veteran's claims for service connection for bilateral knee and low back disabilities, but additional development is needed to address the merits of these claims.

The Board has remanded the case for further development and consideration, including obtaining additional medical opinions to address whether any back disability clearly and unmistakably existed prior to service entrance and is otherwise medically-related to service.

The Board has remanded the Veteran's claims for additional development, including obtaining SSA records and providing a VA examination to determine if his back and right hip disorders are related to or aggravated by his service-connected knee and ankle disabilities.

The Board has determined that the Veteran's degenerative disc disease of the cervical spine and lumbar spine were not incurred or aggravated by service, including exposure to Agent Orange. The claims are therefore denied.

The Board has ordered additional development due to procedural and factual issues, including obtaining treatment records and scheduling a VA examination for the Veteran's back disability.

The Board has determined that the Veteran's current back disability, diagnosed as degenerative disc disease of the lumbosacral spine, was not incurred in or aggravated by service. The preponderance of evidence does not support a finding of service connection.

The Board has granted service connection for a cervical spine disability and an initial rating of 20 percent for lumbar spinal stenosis. The Veteran's TDIU claim is also granted.

The Veteran's heart disease, degenerative disc disease of the lumbar spine, left knee disability, and left hip disability are not service-connected as they were either not incurred or aggravated by service or due to a service-connected condition.

The Veteran's service-connected disabilities (chronic low back strain and nerve impairment of the bilateral lower extremities) are being reviewed to determine if they render him unemployable. The case is REMANDED for a VA examination to assess his employability.

The Board has found that the Veteran's current degenerative disc disease of the lumbar spine is etiologically related to his active service, granting his claim for service connection.