Back / lumbar spine decisions — 2009

The Veteran's claim for a higher rating for his service-connected back disability is being remanded due to the need for additional development and consideration of staged ratings, as well as separate ratings for bowel and bladder impairment.

The Board has remanded the case for additional development, including obtaining service personnel records and medical records from SSA. The Veteran's claims of Hepatitis C and low back condition will be evaluated based on whether they are related to his military service.

The Board has granted service connection for low back and left hip disabilities as secondary to the Veteran's service-connected left foot disability. The claim of entitlement to an increased rating for a left foot disability is remanded.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board finds that the Veteran's current PTSD and low back disorder are not related to his active service, as there is no verified in-service stressor for PTSD or a confirmed history of injury leading to his current condition. The claim for service connection for a low back disorder is remanded due to insufficient evidence regarding its onset during service.

The Board has found that the Veteran's residuals of detached retina of the left eye had their onset during active service and granted service connection for this condition. The case is also remanded for preparation of a statement of the case regarding back and neck disorders.

The Veteran's chronic low back disorder is not service-connected and the Board finds that it is not proximately due to or aggravated by his service-connected right knee condition.

The Veteran's claim for an increased rating for his service-connected thoracolumbar osteoarthritic disc disease is being remanded due to the need for a VA examination.

The Board has determined that the Veteran's central right paracentral disc protrusion at L5-S1, claimed as a back disorder, is incurred in service and grants the claim.

The Board has remanded the case for additional development to obtain Social Security Administration records and to provide a VA examination to address the potential relationship between the Veteran's current back, right knee, and left knee disabilities and his military service.

The Veteran's appeal of the denial of his claim for service connection for a back condition has been withdrawn before the Board could make a decision on the merits.

The Board has remanded the case for further development, including obtaining an appropriate VA examination to determine the current nature and likely etiology of the Veteran's back and foot disorders and their relationship to his service-connected right knee disorder. The claims will be readjudicated after this additional development.

The veteran has withdrawn his appeal regarding the evaluation of lumbosacral strain prior to January 24, 2007 and the increased evaluation for lumbosacral strain. As a result, these issues are dismissed.

The Board has determined that the Veteran's low back disorder, including degenerative disc disease and arthritis, is service-connected. The examiner will be asked to determine if the right lower extremity neurological condition (sciatica) is caused or aggravated by the service-connected low back disorder.

The Veteran's appeal has been dismissed as he failed to respond within the required time frame to provide requested evidence, which was deemed essential for a proper determination on his claim of service connection for a low back disability.

The Board has remanded the claim for service connection for a low back disorder due to inadequate development, specifically requiring an orthopedic examination that complies with the Board's instructions.

The Board has determined that new and material evidence has been presented to reopen the claims of service connection for a low back condition and a hip condition, both of which are found to be related to the Veteran's service-connected bilateral knee disabilities.

The Veteran's claims for service connection and increased ratings were denied. The right knee disability was rated at 10 percent, the neurological impairment of the right upper extremity was not rated higher than 20 percent, and the cervical spine DDD was not rated higher than 10 percent.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine, a facial scar, bilateral hearing loss, and hepatitis C are being remanded due to the need for additional examinations and records.

The Board has remanded the claims due to insufficient evidence of current disabilities and a need for further development, including VA examinations.