Back / lumbar spine decisions — 2009

The Veteran's appeal is being remanded for further development and examination to determine the nature and etiology of his claimed disabilities, including whether they are related to service or secondary to a service-connected disability.

The Veteran's claim for service connection for PTSD has been granted. The claims for hepatitis and a back disorder have been denied due to lack of new and material evidence.

The Board denied service connection for a low back disability and secondary service connection for hypertension, pain disorder, obstructive sleep disorder, sciatica of the lower extremities bilaterally, and degenerative arthritis to the low back disability due to lack of evidence linking these conditions to service or service-connected disabilities.

The Board denied service connection for respiratory, cervical and lumbar spine, and skin disabilities due to lack of evidence linking these conditions to active service or any incident therein.

The Veteran's claims for increased ratings and a TDIU were denied. The Board found that the Veteran did not meet the criteria for higher ratings for his service-connected left ankle fracture or chronic dorsolumbar strain, except for a temporary increase in rating from April 17, 2003 to July 19, 2006.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and he is therefore entitled to a TDIU.

The Veteran's appeal for an increased disability evaluation for his lumbar muscle strain with a history of low back pain, L5-S1 intervertebral disc space narrowing, and an osteophyte was granted by the Board. The effective date is not specified as it was recharacterized from 20 percent to 40 percent.

The Board denied the Veteran's claims for increased ratings for his lumbar and cervical spine DJD, right knee chondromalacia with meniscectomy and patellar debridement, and left knee meniscectomy. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the Veteran's current bilateral knee and low back disorders are related to his military service, including parachute jumps performed during active duty. As a result, the claim for service connection is granted.

The claim for service connection of a low back disability is being remanded due to the need for additional development, including scheduling a hearing.

The case is being remanded for further examination and development due to incomplete service medical records.

The Veteran's claim for an increased disability rating for his lumbar spine disability is being remanded due to the need for additional development, including obtaining medical records and arranging for a VA examination.

The Board has denied the Veteran's claims for earlier effective dates for service connection due to lack of a prior claim being filed.

The Board found that the Veteran's service-connected hysterectomy and lumbar spine disability do not warrant a rating in excess of the currently assigned ratings.

The Veteran's claims for service connection for thoracolumbar degenerative disease and right knee degenerative joint disease are granted. The remaining issues, including those related to left hip, right hip, hepatitis residuals, and vision problems, require further development.

The Board found that the veteran's current low back disability is not related to his service, including a period of ACDUTRA in July 1987. The preponderance of evidence does not support the claim for service connection.

The Veteran's claim for an increased disability rating for his lumbosacral strain (low back disability) is being remanded due to the need for additional medical records and a VA examination.

The Veteran's appeal is remanded due to the need to adjudicate his claim of entitlement to an increased rating for PTSD, which is inextricably intertwined with his TDIU claim. The case will be returned to the Board after these issues are resolved.

The Board finds that the Veteran's right ear hearing loss, after resolving all reasonable doubt in favor of the Veteran, was incurred in service. The claim for left ear hearing loss is remanded to obtain VA examination records. The claim for back condition is remanded to determine if it is related to active duty service.

The Veteran's service-connected disabilities, including his severe back and knee conditions, necessitated the need for regular aid and attendance of another person. The Board granted SMC based on this need.