Back / lumbar spine decisions — 2009

The Board has remanded the case for additional development, including obtaining medical records and arranging for an orthopedic examination to determine if the Veteran's back disorder is related to his military service.

The Veteran's claim for an increased rating for his service-connected lumbar strain is being remanded due to the need for additional evidence regarding the severity of his condition.

The Veteran's cervical spine disability has been evaluated at a 20 percent rating, and the Board finds that it does not warrant an increase to a higher rating.

The Board has determined that the Veteran's lower back disorder is not related to his service-connected right knee disability and therefore denied his claim for secondary service connection.

The Board has remanded the Veteran's claims for hypertension and low back disability due to incomplete development of medical records, need for further examination, and other procedural issues.

The Board denied the Veteran's claim of service connection for degenerative disc disease/degenerative joint disease of the cervical spine as secondary to a service-connected shell fragment wound of the right arm with moderate injury to muscle group V. The TDIU claim was also denied.

The Board has determined that the Veteran's right Achilles tendon status post rupture and repairs, as well as his osteoarthritis of the thoracolumbar spine with chronic low back pain, are service-connected.

The Veteran's claim for an initial rating in excess of 10 percent for low back strain is being remanded due to the need to obtain Social Security Administration records and VA treatment records.

The Board has determined that the Veteran's low back disability was not incurred in or aggravated by service, and thus denied his claim for service connection.

The Board has remanded the case due to incomplete notification and development under the VCAA, and because additional workers' compensation records are needed.

The Board denied the Veteran's claims for increased initial disability ratings for her service-connected lumbosacral spine disability and asthma, finding that the evidence did not meet the criteria for an increased rating under the applicable VA rating schedule.

The Board has remanded the case for additional development, including obtaining service personnel records and private treatment records, scheduling a VA examination, and notifying the Veteran of his right to submit additional evidence.

The Board has determined that the Veteran's lumbosacral spine disability, including her pre-existing spinal condition, was aggravated by service. The initial rating for this disability remains unchanged.

The Board found that the Veteran does not have a current left ankle disability and denied service connection for this condition. The claim for an initial evaluation in excess of 10 percent for lumbar spine degenerative disc disease/degenerative joint disease was also denied.

The Veteran's claim for increased ratings for his service-connected lumbar disc disease prior to September 23, 2002 was denied. The Board found that the evidence did not meet the criteria for a higher rating under DC 5293.

The Veteran's appeal is being remanded for clarification of his hearing preference and scheduling a hearing.

The Board finds sufficient evidence to grant the Veteran's claim for service connection for a low back disorder, including degenerative disc disease. The issue of entitlement to service connection for depression, secondary to a low back disorder is remanded.

The Board found that the Veteran's notice of disagreement was not timely filed, and therefore denied his appeal.

The Board dismissed the appeal for service connection of a thoracolumbar spine disorder due to withdrawal by the Veteran's attorney. The psychiatric disorder issue remains, but as there is no evidence of continuity of symptoms since service separation and no medical opinion linking current psychiatric disorders to service, the claim for service connection was denied.

The Board has granted the Veteran's claims for an increased disability rating for her service-connected lumbar spine disability and service connection for her acquired psychiatric disability.