Back / lumbar spine decisions — 2009

The Board has ordered a new examination to clarify the relationship between the Veteran's current low back disability and his service, as well as to provide a detailed rationale for any opinions.

The Board found no evidence to support a finding that the Veteran's current low back disability was incurred or aggravated by service, and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing corrective VCAA notice.

The Board found that degenerative joint disease of the lumbar spine was not incurred in or aggravated by active service and is not related to any incident during service. The claim for service connection is denied.

The Veteran's low back disability, rated as 10 percent disabling under the old diagnostic criteria of DC 5010-5292, is now rated at 20 percent under the revised diagnostic criteria. The rating reflects an increased severity of his lumbar strain with degenerative joint disease.

The Board has determined that the Veteran's thoracic spine disability and lumbosacral strain with degenerative disc disease at L2-3 are not service-connected, and the current evaluation for the lumbosacral strain is appropriate.

The Veteran's claim for benefits under 38 U.S.C. § 1151 was denied because the VA medical providers did not cause additional disability as a result of their treatment in December 1988 and January 1989.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the preponderance of evidence did not support a finding of service connection or entitlement to an increased rating for any condition.

The Board has remanded the case for further development and consideration, including obtaining additional medical records, clarifying the Veteran's claims, and scheduling examinations to determine the nature and etiology of his claimed conditions.

The Board has remanded the case for another VA examination to determine if the appellant's current back disabilities are related to service. The appeal is currently in a pending status.

The Veteran's lumbar spine disability is rated at 20 percent, effective August 14, 2003. The initial ratings for left ankle sprain and right ankle sprain are both 10 percent, effective August 14, 2003. The initial rating for left knee arthritis remains at 10 percent, effective August 14, 2003.

The Veteran seeks service connection for wedge compression deformity at L1 (Scheuermann's kyphosis) with degenerative lumbar disc disease. The Board has determined that a remand is necessary to obtain an opinion on the etiology of any current lumbar spine disorder, including Scheuermann's kyphosis and degenerative lumbar disc disease.

The Board has remanded the case for further development, including obtaining updated VA treatment records and arranging for an orthopedic examination to determine the nature and etiology of the Veteran's low back disability.

The Veteran's claim for increased ratings for his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's claims for service connection for PTSD, a low back disability, asthma and COPD, an enlarged prostate, impaired sensation in the left side and foot, and allergic rhinitis have all been denied. The Board found that there was no evidence of PTSD or any other psychiatric condition during service or at any time thereafter. There is also insufficient evidence to support the Veteran's claimed stressors for PTSD. For the back disability, asthma and COPD, and enlarged prostate, the record does not show a diagnosis or treatment related to these conditions in service or within one year after discharge. The claim for allergic rhinitis was denied as there is no current diagnosis of this condition.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative disc disease was denied. The claims for initial ratings in excess of 10 percent for radiculopathy of the right and left lower extremities were also denied.

The Board has remanded the case due to incomplete records and procedural deficiencies, requiring further development including obtaining SSA records, VA examination for left femur fracture residuals, and addressing service connection issues.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the extent of any current disabilities and whether they are related to service.

The Veteran's claim for an increased evaluation for his service-connected traumatic degenerative disc disease of the lumbar spine is being remanded due to the need for a new VA examination and consideration of the Deluca factors.

The Veteran's appeal is remanded due to the need for a new VA examination and consideration of whether separate ratings are warranted given the medical evidence. The claim will be readjudicated, considering extraschedular considerations if appropriate.