Back / lumbar spine decisions — 2009

The Veteran's claims for reopening service connection for various conditions are being remanded due to the need for additional development, including obtaining treatment records and providing VCAA notice.

The Veteran's appeal is being remanded for consideration of additional evidence submitted after the July 2008 Supplemental Statement of the Case.

The Board has determined that new and material evidence has not been submitted to reopen the previously denied claim for service connection for cervical disc disease, lumbar nerve syndrome/disc disease, and scoliosis. The Veteran's current spine conditions are considered to be related to her pre-existing developmental defect (scoliosis).

The Board finds that the Veteran's tinnitus, lumbar spine disorder, cervical spine disorder, and neurological disorder of the bilateral lower extremities are related to his military service. Service connection is granted for these conditions.

The Veteran's appeal is remanded due to missing VA medical records and the need for a new VA examination to assess his current neurologic disability associated with his service-connected low back disability.

The Board found that the Veteran's arthritis of the knees and low back strain were not incurred in or aggravated by service, nor may they be presumed to have been so incurred. The current disabilities are deemed unrelated to military service.

The Board has determined that the Veteran does not have a lumbar spine disability on a direct basis or secondary to a service-connected thoracic spine disability, and therefore denied his claim for service connection.

The Veteran's appeal has been withdrawn for the claims of service connection for malaria, a back condition, a knee condition, a foot condition, and a skin condition. The claim for an initial rating higher than 10 percent for posttraumatic headaches is denied.

The Board has determined that the VA examinations conducted are inadequate and requires further development of evidence, including obtaining medical records from various sources and conducting new VA examinations.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO.

The Veteran's appeal for service connection and increased rating claims have been denied. The Board found that the evidence did not support a compensable evaluation for hemorrhoids, and there was no indication of service connection or exposure basis for the back condition, bilateral hearing loss, tinnitus, or acquired psychiatric disability (to include PTSD).

The Veteran's claims of entitlement to service connection for various knee and spine disorders have been granted. The specific conditions include right knee disorder, bilateral hip disorder, left knee disorder, lumbar spine disorder, and cervical spine disorder.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected low back and right lower extremity conditions.

The Veteran's low back disability was rated at 20 percent prior to November 14, 2008. The Board found that the evidence did not support a higher rating during this period.

The Veteran's service-connected low back strain with degenerative joint disease is currently rated at 20 percent, but the Board finds that it does not meet the criteria for a higher rating.

The Veteran is seeking to establish service connection for a low back disability. The Board has determined that additional development, including obtaining medical records and scheduling the Veteran for an examination, is necessary before this issue can be decided.

The Board denied the Veteran's claims for service connection for a low back disability and respiratory disability, both claimed as secondary to his service-connected arthritis of the right ankle and knee. The claim for osteomyelitis was also denied on reopening, but new and material evidence had not been received.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claim for service connection for a low back disability.

The Veteran's appeal is remanded due to the failure of the RO to provide a summary of applicable laws and regulations, with appropriate citations, and a discussion of how these affected the propriety of reducing his lumbar myalgias evaluation from 40 percent to 20 percent effective February 1, 2007. The issue of an increased evaluation for lumbar myalgias is inextricably intertwined with this reduction.