Back / lumbar spine decisions — 2009

The Board has remanded the issues of service connection for a bilateral foot rash, residuals of congenital abnormalities of the lumbosacral spine, and arthritis of the lumbosacral spine due to inadequate development.

The Veteran's claims for increased disability ratings for his service-connected lung and spine disabilities are being remanded due to the need for additional examinations.

The Veteran's cervical spine disability was not incurred in or aggravated by his active service, and is unrelated to his service-connected low back disability. The Board found that the Veteran's current cervical spine problems were less likely than not caused or aggravated by his service-connected low back disability.

The Board has determined that the Veteran's low back disorder is not related to his service-connected left foot and knee disabilities, and therefore denied the claim for service connection.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, as well as consideration of other pending issues.

The Veteran's service-connected disabilities, in combination, do not meet the schedular requirements for assignment of a total disability rating based on individual unemployability.

The Veteran's low back strain is not productive of incapacitating episodes or significant limitation of motion, and thus does not warrant a higher rating. The TDIU claim was also denied as the Veteran's service-connected disabilities do not preclude substantially gainful employment.

The Veteran's TDIU claim was denied, and the effective date for the grant of TDIU is June 23, 1994.

The Veteran's claim of entitlement to service connection for a discrepancy in the length of his lower extremities, including as secondary to a service-connected disability, has been denied. The Board found that there was no evidence of chronic symptomatology related to his leg length discrepancy during or after service and concluded that the Veteran did not have a current disability resulting from an injury sustained in service.

The Veteran's additional disability of the lumbosacral spine was not caused by VA care, treatment, or examination. The Board finds that the October 2000 surgery did not result in an additional disability.

The Board has remanded the case for additional development due to insufficient examination reports and incomplete service treatment records.

The Veteran's service-connected disabilities do not meet the requisite schedular percentages for TDIU, and there is no evidence that he is unemployable due to his service-connected disabilities.

The Veteran's appeal is being remanded for further development due to the lack of availability of his claims file during a VA orthopedic examination.

The Board found no current diagnosis of polymyalgia, CFS, or any other claimed conditions. The Veteran's claims for service connection were denied.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected left knee disability and the relationship between his bilateral hip arthralgia and degenerative disc disease of the lumbar spine and his service-connected bilateral knee disabilities.

The Board denied the Veteran's claims for service connection for a right knee disorder, low back disorder, and PTSD. The claim for a right knee disorder was not reopened due to lack of new and material evidence. The low back disorder and PTSD were also not shown to be incurred or aggravated during active service.

The Veteran's claim for service connection for PTSD, as well as his claims for higher ratings for the left knee disorder and rhinitis, have been granted. The issues of service connection for low back disorder and sleep apnea are being remanded.

The Veteran's claim for service connection for a cervical spine disorder is denied as the evidence does not support a finding that any current cervical spine disorder is related to service. The Veteran's TDIU claim is granted due to his service-connected disabilities precluding him from obtaining and retaining all forms of substantially gainful employment.

The Board has ordered additional development due to incomplete records and a need for further examination. The Veteran's claims will be reconsidered after the requested information is obtained.

The Veteran seeks service connection for degenerative disc disease of the thoracolumbar spine. The Board finds that a VA examination is needed to determine if this condition is related to his military service.