Back / lumbar spine decisions — 2009

The Board has determined that the Veteran's low back condition is related to his active duty service, and he is granted service connection for this condition.

The Board has remanded the case for a VA examination to address whether the Veteran's current back condition is related to service, including any injury in service as a welder. The Veteran will be provided with an opportunity to respond to the supplemental statement of the case.

The Board has reopened the claim for service connection due to new evidence showing a history of neck pain since service, but has denied the claim as there is no link between the Veteran's current cervical spine disability and his in-service injury.

The Veteran's claims for increased ratings for bilateral pes planus and lumbosacral strain with degenerative arthritis were denied by the RO in April 2007. The Veteran has expressed disagreement with these decisions.

The Board denied a rating in excess of 10 percent for the appellant's service-connected degenerative disc disease with low back pain, L4-L5 and L5-S1.

The Board has determined that the Veteran's current low back disability is not related to his service, and therefore denied his claim for service connection.

The Board has determined that the appellant's current low back and neck disabilities are as likely as not caused by or related to his in-service motor vehicle accident, granting service connection for these conditions.

The Veteran's lumbar strain disability has been rated at 40 percent disabling throughout the period on appeal. The Board finds that a higher rating is not warranted.

The Veteran's right forearm disability was not incurred in service, and his loss of use of lower extremities is not due to a service-connected condition. The appeal for automobile and adaptive equipment or special monthly compensation at the housebound rate has been denied.

The Veteran's arthritis of the thoracolumbar spine was evaluated as 20 percent disabling from August 20, 2003 until March 25, 2009. Since then, his condition has warranted a higher evaluation.

The Board found that the appellant's back disorder was not incurred or aggravated in service and arthritis/intervertebral disc syndrome may not be presumed to have been so incurred.

The Veteran's service-connected disabilities, including his adjustment disorder, right shoulder tendinitis, right arm radiculopathy, cervical spine condition, pes planus, and pseudofolliculitis barbae (PFB), have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the Veteran's TDIU claim.

The Veteran's claims for increased ratings and service connection were denied. The Veteran's degenerative disc disease of the lumbar spine was rated at 20 percent, while his left radiculopathy was rated at 10 percent.

The Board denied the Veteran's claims of service connection for degenerative disc disease of the lumbar spine, bowel incontinence, headaches, and erectile dysfunction as secondary to his service-connected cervical spine disability. The claim for an initial rating in excess of 10 percent for myositis of the right shoulder was also denied.

The Board has determined that the appellant's back disorder is not related to his military service and therefore denied his claim for service connection.

The Board has remanded the case for further development, including obtaining service treatment records and scheduling a VA examination to determine the nature and likely etiology of the Veteran's low back disorder.

The Veteran's claim for increased ratings for his service-connected degenerative joint disease of the cervical and lumbar spine is being remanded due to the need for a contemporaneous VA examination.

The Veteran's appeal is being remanded due to the need for additional evidence and a VA examination. The issues include increased ratings for left and right knee disabilities, as well as service connection for a low back disability.

The Board has remanded the case for additional development, including obtaining new VA examinations and issuing a Statement of the Case (SOC) in response to the Veteran's NOD regarding termination of disability compensation benefits and overpayment of disability compensation benefits.

The Board has remanded the case due to incomplete records and further medical evaluation is needed to determine if the appellant requires A&A or is housebound.