Back / lumbar spine decisions — 2009

The Board found that the Veteran's degenerative joint disease of the lumbar spine did not manifest during or as a result of his active military service and denied his claim for service connection.

The Board has denied service connection for left eye iritis. The Veteran's claims of service connection for bunions of the bilateral feet, a low back disability, and tinea versicolor (skin disability) are remanded due to the need for further evaluation.

The Veteran's appeal has been withdrawn, so there are no specific findings or ratings to report.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling a VA examination to determine the etiology of his tinnitus.

The Board has ordered additional development due to the need for SSA records and other evidentiary issues, including notification deficiencies.

The Board has remanded the case due to the need for additional evidence, including service personnel records and disability retirement records. The Veteran's lumbar spine disorder claim will be reconsidered after these records are obtained.

The Board has determined that additional development is necessary to properly adjudicate the veteran's claims, including obtaining service medical records and arranging for a VA examination.

The Veteran's appeal is remanded for additional development, including obtaining private treatment records and scheduling a VA examination to assess his low back disorder.

The Veteran's low back strain was rated at 10 percent from April 10, 2003 to September 25, 2003 and increased to 20 percent since then. The right great toe injury residuals were not compensable.

The Veteran's claims for increased ratings for his lumbar spine disability were denied as there was no evidence showing ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Veteran's cervical spine disability is found to be related to his service-connected lumbar spine disability, and the claim for service connection for a cervical spine disability is granted.

The Veteran's appeal is being remanded for additional development to determine if his service-connected disabilities preclude him from securing and following substantially gainful employment.

The Veteran's back disorder has worsened since his April 2005 separation examination, and he is seeking a higher rating. The Board has ordered additional development including a VA examination to assess the current nature, extent, and severity of his back disability.

The Board has determined that further investigation and examination are needed to determine the etiology of the Veteran's claimed lumbar strain and bilateral hearing loss, as well as whether these conditions are related to service.

The Veteran's claim for a higher initial rating for his service-connected degenerative joint disease of the lumbar spine has been granted, with a 40 percent evaluation effective November 1, 2004. The claim for an earlier effective date for this disability is moot as he already receives a 100 percent rating during the convalescence period.

The Board has granted service connection for residuals of cold injury to the left upper extremity, right upper extremity, left lower extremity, and right lower extremity. The claim for a back disorder is pending.

The Board has determined that the Veteran's lower back disability is related to his military service and grants the claim for service connection.

The Veteran's scoliosis of the thoracolumbar spine is being remanded for further development, including obtaining medical opinions to determine if it was aggravated during service and whether any other back disabilities are superimposed. The TDIU claim is also inextricably intertwined with this issue.

The Board found that the Veteran's back condition, which was congenital and preexisted his military service, did not become permanently aggravated by his active duty. Therefore, he is not entitled to service connection for this disability.

The Veteran's service-connected disabilities, including his generalized anxiety disorder, have rendered him unable to secure or follow a substantially gainful occupation since July 29, 2004.