Back / lumbar spine decisions — 2009

The Board has remanded the case for compliance with previous instructions and to ensure that all notification and development action required by law are fully complied with.

The Board has determined that the Veteran's cervical and thoracic spine disabilities are as likely as not related to his service-connected gunshot wound residuals, granting service connection for these conditions.

The Veteran's claims for higher initial evaluations for his low back disorder, lower extremity radiculopathy, and bilateral hearing loss have been granted. The effective dates are not specified as the ratings were assigned based on service connection.

The Board has decided that the Veteran's claim for service connection for a chronic low back disorder should be remanded due to incomplete records and the need for additional information/authorization from the Veteran.

The Veteran's lumbosacral strain with degenerative joint disease is currently rated at 20 percent, and the Board finds that an evaluation in excess of this rating is not warranted. The Veteran's service-connected disabilities do not prevent him from securing and following some type of substantially gainful employment.

The Board found that the Veteran's low back disability did not meet or approximate the criteria for a higher evaluation, and thus denied his claim for an increased rating.

The Veteran's claim for specially adapted housing or special home adaptation grant was denied as he does not meet the eligibility criteria due to his service-connected disabilities. The claim for automobile and adaptive equipment or adaptive equipment only was also denied as there is no evidence of loss of use of both hands or feet, nor vision impairment that would qualify him under the applicable regulations.

The Veteran's increased rating claims for cervical spine, thoracolumbar spine, right knee, and left knee disabilities were denied. The claims of service connection for a right foot disability and a left foot disability are reopened.

The Veteran's death was not service-connected, and the appellant did not meet the legal criteria for DIC under 38 U.S.C.A. § 1318 or accrued benefits.

The Veteran's appeal includes claims for various disabilities, all of which are secondary to his right knee disability. The Board has determined that further development is needed and the case is being remanded.

The Veteran's service-connected lumbar strain disability, described for rating purposes as herniated nucleus pulposus, lumbar spine, is productive of limitation of range of motion with pain but no findings of ankylosis. The Veteran has not experienced incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Veteran's claims for service connection and increased rating have been denied as there is no competent medical evidence showing a nexus between any current disabilities and his active duty.

The Board denied the Veteran's claims for service connection of bilateral leg disorder, low back injury residuals, and diabetes mellitus. The evidence submitted since the last final denial did not provide new or material evidence to support these claims.

The Board is remanding the case to attempt to obtain medical records from the Veteran's treatment at the Buffalo VAMC in 1974, and then readjudicate the issue of whether new and material evidence has been presented to reopen a claim for service connection for a back disability.

The Board has determined that the Veteran does not have any of the claimed disabilities as a result of service or secondary to a service-connected disability, and therefore, denied all claims for service connection.

The Veteran's service-connected degenerative disc disease with lumbosacral strain, residual of fractured 12th dorsal vertebra is rated at the maximum allowable under current criteria. The Board finds no basis to grant a higher rating or reopen his claim for service connection.

The Board has remanded the case due to a lack of adequate rationale in the May 2002 VA examiner's opinion regarding the relationship between the Veteran's lumbar strain and service.

The Veteran seeks compensation benefits for a lumbar spine disability due to medical treatment received at VA Medical Center, East Orange, New Jersey in 1969. The Board has determined that additional development is needed before the claim can be adjudicated.

The Board denied service connection for a neck disability, low back disability, and hypertension. The Veteran's claims were not supported by the evidence of record.

The Veteran's claims for increased evaluations of his bilateral knee disabilities were denied by the RO. The left knee arthritis is rated at 10 percent, right knee laxity at 20 percent, and right knee arthritis at 10 percent.