Back / lumbar spine decisions — 2008

The Board has determined that the veteran's claimed disabilities are not related to his military service and have denied all of his claims.

The Board has remanded the case due to insufficient evidence regarding the existence and etiology of a low back disability. The veteran is required to provide information about any relevant medical records, and VA will schedule an examination for further evaluation.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling the veteran for an examination to assess his current disability levels.

The Board has remanded the case for further development and readjudication due to missing service medical records (SMRs) regarding the veteran's in-service hernia repair surgery. The RO is instructed to make efforts to obtain these records from the National Personnel Records Center (NPRC) or other appropriate locations.

The Board granted a combined 60 percent rating for the veteran's low back disability, which includes both residuals of a compression fracture at L1 and intervertebral disc syndrome. The veteran continues to appeal for an even higher rating.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination. The veteran's need for aid and attendance or housebound status will also be addressed.

The Board has determined that new and material evidence was not received to reopen the claims for service connection for a low back disorder and tinnitus. The veteran's psychiatric disorder claim is not addressed in this decision.

The veteran's appeal has been dismissed due to his withdrawal of the appeal prior to a decision being made.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the current status of her service-connected right foot injury and any related right knee and low back conditions.

The Board has decided to remand the case for a VA examination and further development due to conflicting evidence regarding the relationship between the veteran's current back disorder and his military service.

The veteran's claim for an increased evaluation of his service-connected chronic lumbosacral strain is being remanded to allow for further development, including obtaining medical records and scheduling the veteran for a VA examination.

The veteran's claims for increased ratings for chronic lumbar strain, dysthymia, and bilateral foot disabilities were denied. The RO continued the denials of these claims in a May 2005 rating decision.

The Board has determined that the submitted evidence does not meet the criteria for reopening the claim of service connection for a back disorder, as it is not new and material.

The veteran's low back disability, characterized by forward flexion to no more than 40 degrees and mild incomplete paralysis of the sciatic nerve in the left lower extremity, does not meet the criteria for a higher rating. The neurological manifestation in the right lower extremity is not considered.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded as the VA has not provided an opinion regarding whether his service-connected conditions alone cause him to be unable to work.

The veteran's disabilities, including chronic left shoulder degenerative joint disease, degenerative joint disease of the low back and hips, benign prostatic hypertrophy, bilateral dupuytrens contractures, and depression or dysthymia, are considered to be permanent and result in his being unable to secure or follow a substantially gainful occupation. As such, he is granted a permanent and total disability evaluation for pension purposes.

The Board found no evidence of a primary sleep disorder and denied service connection for chronic sleep disorder. The veteran's erectile dysfunction was not addressed due to lack of examination, but the issue is remanded for further evaluation.

The veteran has been granted service connection for degenerative disc disease of the cervical spine and lumbar spine.,Service connection is denied for neuropathy of both upper extremities, neuropathy of both lower extremities, and refractive error (astigmatism) of the eyes.

The Board has determined that the veteran's low back disability did not clearly and unmistakably exist prior to his entry into active duty, nor was it aggravated by service. The examiner concluded that the current low back disability pre-existed service and was not aggravated as a result of such service. As for depression, there is no evidence linking it to service or any service-connected condition.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a back disability. The veteran's pre-existing low back condition was aggravated by military service, warranting service connection.