Back / lumbar spine decisions — 2010

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting medical examinations to address the service connection claims. The case will be reconsidered after these actions.

The Veteran requested to withdraw all issues on appeal, including the reopening of his service connection claim for a back disability. The Board dismissed the appeal as a result.

The Board found that the Veteran's current back disability is not related to his service, and thus denied his claim for service connection.

The Board found no evidence of current disabilities involving the Veteran's bilateral knees, left shoulder, left ankle, or back, including the lumbar and thoracic spine, that are due to any incident or event in active military service.

The Board found that the Veteran's low back disability, including lumbar disc disease with right short leg syndrome, was not incurred or aggravated in service and is not proximately due to, or the result of a service-connected disability.

The Veteran's appeal has been withdrawn due to his desire to withdraw all issues on appeal.

The Veteran's service-connected lumbar spondylolisthesis with fusion of L5-SI and neurological deficit of the right lower extremity are currently rated at 40 percent and 10 percent, respectively. The combined rating is 50 percent.

The Board denied the appellant's claims for service connection for bilateral hearing loss, an initial evaluation in excess of 30 percent for his psychiatric disability, and evaluations in excess of 20 percent for his cervical spine and lumbar spine disabilities. The right knee arthritis and right knee instability disabilities were also denied. No new evidence was presented to reopen the previously denied claims.

The Veteran's service-connected low back disability is rated at 40 percent, effective January 9, 2001. The rating for his left knee and right knee disabilities remains at 20 percent each, while the right shoulder disability continues to be rated at 20 percent.

The Board found that the Veteran's pre-existing dorsal-lumbar strain did not worsen during service, and thus denied service connection for a low back disability.

The Veteran's service connection for bilateral hearing loss is granted, and the Board finds that by extending the benefit of the doubt to the Veteran, his current right hip disorder, left hip disorder, and cervical spine disorder are as likely as not related to active service.

The Board has remanded the case for additional development due to insufficient evidence regarding the nature and etiology of the Veteran's claimed low back disability, bilateral foot disability, and skin condition.

The Board found no evidence to support the appellant's claims for service connection for pes planus and low back injury, as there was no credible evidence linking these conditions to his military service.

The Board denied the Veteran's claims for service connection due to lack of new and material evidence, as well as finding that his hip and leg disabilities are not proximately due to a service-connected disability.

The Board has remanded the case for further development and consideration of the Veteran's claims.

The Veteran's appeal is being remanded due to the need for a new examination and additional medical records.

The Veteran's request for independent living services is denied as the additional training or help with psychosocial rehabilitation and courses in grant writing, meditation, art and photography (including purchase of art supplies, photography equipment, computers, scanners and cameras) is not required to allow him to achieve independent living.

The Board found that the Veteran's current low back disability is not related to his military service and denied his claim for service connection.

The Veteran withdrew his appeals for all issues except one, which was dismissed due to withdrawal.

The Veteran's service-connected disabilities, including back and lung injuries from shell fragment wounds in service, render him unable to secure or follow a substantially gainful occupation.