Back / lumbar spine decisions — 2009

The Veteran's appeal is being remanded for additional development of her claims, including obtaining clarification and potentially new medical evidence.

The Veteran's claim for a higher rating for his lumbar spine disability was denied. The Board found that the evidence did not support a higher rating under either the old or new criteria.

The Veteran's low back disability is rated at 40 percent, and his sciatica of the right and left lower extremities are each rated at 10 percent. The Veteran also meets criteria for a TDIU due to service-connected disabilities.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current disability associated with mild brain atrophy, and the lumbar spine disability was not shown to be related to service. The initial compensable ratings for hemorrhoids and status post laparoscopic cholecystectomy were also denied.

The Veteran's left knee arthrotomy has not manifested by locking, ankylosis, recurrent subluxation, lateral instability, impairment of the tibia and fibula or genu recurvatum; flexion of the left knee has been limited to 90 degrees and extension has always been to zero degrees.,The Veteran's right knee meniscectomy has not manifested by locking, ankylosis, recurrent subluxation, lateral instability, impairment of the tibia and fibula or genu recurvatum; flexion of the right knee has been limited to 50 degrees and extension has always been to zero degrees.,The Veteran's left ankle disability has not manifested by ankylosis, malunion of the os calcis or astragulus, astragalectomy or marked limitation of motion.,The Veteran's left thumb disability has never manifested by ankylosis or inability to oppose the thumb.,The Veteran's tinea versicolor does not affect the head, face or neck or involve scarring; it has manifested by hyperpigmented lesions that do not affect at least 20 percent of the entire body or exposed areas, and has never required systemic therapy.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the etiology of the Veteran's current cervical and lumbar spine disorders.

The Board has determined that the VA examination and opinion are inadequate due to lack of review of service medical records. The case is being remanded for further action.

The Veteran's claims of entitlement to service connection for PTSD, a bilateral knee condition, and a back condition were denied. The Board found that there is no evidence establishing current diagnoses for these conditions.

The Veteran's appeal is being remanded for further development, including obtaining VA and SSA records, scheduling a VA examination to determine the etiology of his back disorder, and readjudicating his claims.

The Board denied service connection for the appellant's claimed disabilities, finding that there was no evidence of an injury or disease incurred in service. The appellant's spontaneous pneumothoraxes and knee disabilities are not considered to be service-connected.

The Veteran's appeal is being remanded for further development, including verification of service dates and obtaining additional medical opinions regarding his claimed conditions.

The Board denied the Veteran's claims for service connection for various conditions, including hypertension, bilateral foot disorder, fatigue, joint pain of elbows and wrist, low back disorder, skin rash, bilateral ankle condition, left knee disorder, and right knee disorder. The decision found that there was no evidence to support these claims.

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

The Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation.

The veteran is seeking service connection for degenerative changes of the lumbar spine. The Board has determined that a VA examination should be scheduled to determine if these conditions are related to his military service.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to assess his service-connected back and skin disabilities.

The Board found that prior to June 17, 1998, the appellant was not unable to obtain or maintain gainful employment due to his service-connected disabilities. Therefore, an earlier effective date for the TDIU rating is denied.

The Veteran's arthritis of the low back with low back pain and radiculopathy to the legs was not incurred in or aggravated by active service, and the incurrence or aggravation of this condition during such service may not be presumed.,The Veteran's epidemic parotitis (mumps) was not incurred in or aggravated by active service. The Veteran has no current residual disability from his in-service mumps.

The Board has remanded the case for further development due to inadequate discussion of a January 2003 private medical report and concerns about the adequacy of the February 2007 VA examination.

The Veteran's back disability is etiologically related to service and the Board finds that the preponderance of the evidence is in favor of granting service connection for his back disability.