Back / lumbar spine decisions — 2009

The Veteran's claimed left hip, right hip, and low back disabilities were not incurred in or aggravated by active duty. The Board found no evidence linking these conditions to service or service-connected disability.

The Board finds that the Veteran's cervical and lumbar spine disabilities are not related to service, as there is no evidence of such conditions during or immediately following his active duty. The surgeries mentioned by the Veteran were for treatment of a pilonidal cyst, not spinal injuries.

The Veteran's claim for service connection for a back disorder is being remanded due to the need for an additional VA examination and medical opinion regarding the relationship between his current condition and the inservice motor vehicle accident.

The Board has determined that the Veteran's appeal on all issues except for entitlement to a compensable rating for perianal warts is withdrawn. The claim of an initial disability rating in excess of 30 percent for service-connected major depressive disorder secondary to perianal warts remains denied.

The Board has determined that new and material evidence has been submitted to reopen the claims of entitlement to service connection for a low back disorder, left postoperative iatrogenic varus hind foot, cavus foot and sural nerve injury, and major depressive disorder. These conditions are found to be secondary to the Veteran's service-connected disability of postoperative excision of exostosis from navicular of right foot.

The Board has determined that the Veteran's current low back and bilateral knee conditions are not related to her period of service.,Therefore, the criteria for service connection on a direct incurrence basis or secondary as due to or aggravated by a service-connected disability are not met.

The Board denied the Veteran's claims for service connection for sleep apnea, low back disability, and bilateral shoulder disability. The decision also addressed whether new and material evidence had been received to reopen these claims.

The Veteran's service-connected left knee disability is currently rated as 10 percent disabling. The Veteran's service-connected lumbar spine disability, prior to June 11, 2004, was also rated as 10 percent disabling. However, since June 11, 2004, the disability has been rated as 10 percent disabling. Service connection for sleep apnea is not addressed in this decision.

The Veteran's appeal is denied as the claims for service connection and increased rating have not been substantiated by new and material evidence, and the effective date of TDIU remains at December 17, 1998.

The Veteran's appeal is being remanded for further development, including additional VCAA notice and a VA examination to assess the current severity of his low back disability.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. The Veteran's claims for service connection are being addressed.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and conducting a VA examination to assess the current severity of his service-connected disabilities.

The Veteran's low back disability is rated at 40 percent, and separate ratings of 10 percent are assigned for associated radiculopathy in the right and left lower extremities.

The Veteran's appeal is being remanded for additional development due to the need for updated medical examinations and consideration of new evidence.

The Veteran's appeal is being remanded for scheduling a hearing before a Decision Review Officer at the RO.

The Veteran's degenerative joint disease of the thoracic and lumbar spine is rated at 20 percent, effective as of the date of the decision. The rating for his right lower extremity radiculopathy remains at 10 percent.

The Board has determined that the appellant's osteoarthritis of the left knee, back (lumbar spine), and left ankle are proximately due to or the result of his service-connected right knee disability. Therefore, these conditions have been granted as secondary to the service-connected condition.

The Board has granted a temporary total evaluation for the appellant's service-connected lumbar spine disability, effective from March 16, 2007 to October 1, 2007. The issues of increased rating and secondary service connection have been remanded.

The Board denied service connection for tinnitus and low back disorder due to lack of current evidence of a hip disorder, but granted service connection for low back disorder based on direct service connection. The decision did not address the Veteran's claim for tinnitus.

The Board has decided to remand the case due to the need for additional development of evidence, including obtaining SSA records and arranging for a VA orthopedic examination.