Back / lumbar spine decisions — 2012

The Board denied the Veteran's claim for an initial rating in excess of 10 percent for chronic lumbar strain, finding that the evidence did not meet the criteria for a higher evaluation. The Veteran was granted service connection and assigned a noncompensable (0%) disability rating for this condition effective from April 29, 2007.

The Board denied service connection for a low back disorder in February 1961. The claim was reopened based on new evidence, but the Veteran's current low back disorder is not related to his active service.

The Veteran's current lumbar spine disabilities, including degenerative disc disease, degenerative joint disease, and spondylosis with bilateral radiculopathy were incurred in active duty military service.

The Veteran's claims for PTSD, lumbar spondylosis, right and left knee disabilities, tinnitus, arthritis of the shoulders and hands, a skin disability involving the toenails and feet, residuals of a fracture of the left middle finger, an eye condition, a sinus condition, bilateral hearing loss, obstructive sleep apnea, and erectile dysfunction have all been granted. The initial evaluation for type II diabetes mellitus is 20 percent.

The Veteran's service-connected lumbar spine disability and associated right lower extremity radiculopathy have been rated based on the General Rating Formula for Diseases and Injuries of the Spine. The rating has been granted as a result of incapacitating episodes having a total duration of at least six weeks during the past twelve months.

The Veteran's appeal is being remanded to schedule a hearing before the Board of Veterans' Appeals.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of the Veteran's service-connected disabilities.

The Board has restored service connection for arthritis of the lumbar spine and granted service connection for hypertension as secondary to service-connected disabilities, but severed service connection for arthritis of the lumbar spine was improper.

The Veteran's service-connected low back disability is currently rated at 20 percent, effective June 1, 2010. The rating reflects the severity of his symptoms and functional impairment.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining relevant Social Security Administration records and scheduling a VA examination.

The Veteran's appeal is being remanded due to the need for a comprehensive VA neurology examination and additional development of his claim, including consideration of TDIU.

The Board has denied the Veteran's claims of service connection for a skin disease, low back disability, left leg disability, and left wrist and hand disability due to lack of current evidence of these conditions.

The appeal has been withdrawn by the Veteran before the Board could issue a decision.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's back and neck disabilities are secondary to his service-connected knee disabilities.

The Board granted service connection for a back disability and denied service connection for bilateral hearing loss. The back disability was found to be incurred in service, while the hearing loss is not presumed due to noise exposure.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for degenerative disc disease is being remanded due to the submission of new evidence and the need for further development, including obtaining Social Security Administration records and a supplemental medical opinion from the April 2010 VA examiner.

The Veteran's service-connected disabilities, including Major Depressive Disorder with anxiety, lumbosacral strain and degenerative disc disease, and left and right lower extremity radiculopathy, prevent him from engaging in substantially gainful employment.

The Board has determined that the Veteran's back disability was not incurred in or aggravated by active military service and may not be presumed to have been so incurred.

The Board has determined that the Veteran's current bilateral knee and low back disabilities are not service-connected. The most probative evidence does not support a finding of an in-service injury or disease, and there is no medical nexus linking these conditions to service.

The Board found that the Veteran's current low back disability is not related to her service, and thus denied her claim for service connection.