Back / lumbar spine decisions — 2010

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to incomplete records and need for a new VA examination.

The Veteran's lumbosacral degenerative disc disease is rated at 40 percent effective October 18, 2007. The other conditions remain unchanged.

The Board has ordered the case to be remanded for further development due to a lack of discussion regarding the importance of certain service and post-service medical evidence in determining whether the Veteran's current low back and cervical spine disorders were caused during, as a result of, or aggravated by any incident of his active military service.

The Board found that the Veteran's claimed conditions did not have their onset during active military service and denied his claims for service connection.

The Board has remanded the case for additional development due to inadequate VA examination reports and incomplete service records.

The Board found that the Veteran's current back disorder is not related to his service, specifically noting the lack of any complaints or treatment for a back condition during or after service. The Board concluded that the Veteran's current back disorder was not incurred in service.

The Veteran's appeal is being remanded to the RO for further development, including a VA examination and consideration of his claim for an increased rating for low back disability.

The Board has decided to remand the case for further development, including obtaining additional service treatment records and private medical records. The Veteran's claims for back disability, bilateral hip disability, and residuals of head injury will be reviewed again with a focus on establishing service connection.

The Board found no evidence linking the Veteran's current low back disorder to his military service and denied his claim for service connection.

The Board has determined that the Veteran's current back disorder is not related to his military service and therefore denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining service treatment records and conducting examinations to determine the nature and etiology of various conditions.

The Veteran's service-connected lumbar spine degenerative joint disease with mechanical low back pain is currently rated at 20 percent, effective July 23, 2004. The Board found that the disability does not warrant a higher rating as it did not meet the criteria for an increased rating under any applicable diagnostic code.

The Board has denied the Veteran's claims for service connection for Hepatitis C, a lung disability, and a lower back disability due to lack of evidence linking these conditions to his military service.

The Veteran's appeal for service connection on the issues of back disability and arthritis, left knee disability, renal failure, and bilateral hearing loss has been dismissed due to withdrawal by the Veteran.

The Board dismissed the appellant's appeal because he did not file a timely substantive appeal within one year of the August 31, 2004 rating decision.

The Board has determined that the Veteran's back disorder was not incurred in service and may not be presumed to have been so incurred. As a result, his claim for service connection is denied.

The Veteran's headaches are found to be secondary to his service-connected glomerulosclerosis with nephrotic syndrome, hypertension, and renal failure.,The Veteran's enlarged heart, congestive heart failure, and coronary artery disease are also found to be secondary to his service-connected glomerulosclerosis with nephrotic syndrome, hypertension, and renal failure.

The Veteran's appeal for service connection on the issues of depression, first degree atrioventricular block, and low back disorder has been withdrawn by his representative.

The Veteran's service-connected lumbosacral strain was primarily manifested by mild pain, but did not meet the criteria for a higher rating prior to June 17, 2008. The Board denied an initial rating in excess of 10 percent for lumbosacral strain, prior to June 17, 2008.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claims for service connection are pending.