Back / lumbar spine decisions — 2009

The Board has remanded the case due to insufficient evidence, including missing records from a private chiropractor and employment proceedings. The Veteran is asked to provide releases for these records.

The Board has remanded the case for further development due to incomplete medical records and need for additional examinations.

The Board has dismissed the appeal as the appellant withdrew his claims for increased rating and service connection. The issue of total rating based on individual unemployability is remanded to the AOJ.

The Veteran's service-connected lumbar muscle strain is currently rated at 20 percent, effective June 14, 2006. The Board found that a higher rating was not warranted for the time period prior to June 14, 2006.

The Board denied the Veteran's claims for service connection for rheumatoid arthritis with numbness of the extremities, a lumbar disorder, heart disease, impaired hearing, and a chronic acquired eye disability due to lack of evidence linking these conditions to his military service.

The Board found that the Veteran's thoracic spine disabilities are not related to his military service and denied his claim.

The Board has remanded the case for further development regarding service connection for a lumbosacral spine disorder, to include as secondary to service-connected left knee disability.

The Board has granted service connection for a right knee disorder, a right hip disorder, and a low back disorder that are related to the Veteran's service-connected left hip disorder. The initial evaluation of 10 percent is maintained.

The Board has determined that a new VA examination is necessary to evaluate the current severity of the Veteran's service-connected cervical and lumbosacral spine disabilities, as well as whether TDIU should be considered.

The Board has determined that the Veteran's lower back disability is proximately due to, or the result of, his service-connected bilateral pes planus.

The Board found no evidence of a current diagnosis of a chronic bilateral shin disorder and denied the Veteran's claim for service connection. The Veteran is also seeking an initial compensable evaluation for his lumbosacral strain, but as this issue was not addressed in the decision summary, it remains pending.

The Veteran's claims for increased evaluations for cervical spine, lumbar spine, and left wrist conditions were denied as the evidence did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's low back disorder is found to be at least in part attributable to his service-connected pes planus and right ankle arthritis, and the Board grants service connection for this condition on a secondary basis.

The Veteran's claims for service connection for a sinus disorder and back disorder were denied. The Board found no evidence of an in-service injury or disease that resulted in these conditions, and the pre-existing conditions did not increase in severity during service. For PTSD, the claim was remanded due to insufficient evidence regarding the occurrence of the alleged stressor.

The Veteran claims his current low back disorder is due to a pre-existing condition that was aggravated during service. The Board has ordered additional development, including obtaining SSA records and private medical records.

The Veteran's claim for benefits under 38 U.S.C.A. § 1151 was denied as there is no evidence that his additional right rib cage fractures and back pain resulted from inadequate VA treatment.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a back condition, which is related to his service-connected pes planus. The evidence submitted since the last denial does not provide any new competent non-redundant evidence indicating that the Veteran's current back condition is related to his military service.

The case is being remanded due to the need for additional in-patient records from Fort Kobbe, Canal Zone regarding treatment of a back injury. The Veteran's claim for service connection remains under review.

The Board found that the appellant's back disorders were not incurred in or aggravated by service, and denied his claim for service connection.

The Veteran's appeal is remanded due to the need for a new VA examination of his service-connected low back disorder and consideration of whether he is unemployable.