Back / lumbar spine decisions — 2010

The Board has granted service connection for a low back disorder, finding that the Veteran's current degenerative joint disease of the lumbar spine is causally related to his active service. The claims for hypertension and heart murmur were withdrawn by the Veteran prior to decision.

The Board has determined that the Veteran's claimed back and lung disabilities were not incurred in or aggravated by active service, and thus denied his claims for service connection.

The Board denied the Veteran's claim for service connection for a low back disability, finding that her current manifestations of scoliosis and spina bifida occulta are not related to her in-service injury. The Board also found no evidence linking her low back pain to active service.

The Board has remanded the case due to the need for a VA examination and opinion regarding the etiology of the Veteran's bilateral ankle disability and low back disability, as well as the submission of any civilian medical records.

The Board found no evidence to support service connection for degenerative joint disease of the lumbar spine and knees, as there was no in-service injury or chronic condition seen within one year post-separation. The Veteran's current conditions are not linked to his military service.

The Veteran's appeal for increased ratings and TDIU was denied. The Board found that the Veteran did not meet criteria for higher disability ratings or TDIU.

The Board denied the Veteran's claims for service connection for cervical spine disability, numbness in the left hand (claimed as radiculopathy), and thoracolumbar degenerative arthritis with left lower extremity radiculopathy. The right shoulder disability was granted but not increased beyond a 10% rating.

The Veteran is seeking service connection for irritable bowel syndrome and lumbosacral strain, which he contends began in service. The case was remanded due to inadequate opinion regarding the etiology of these conditions.

The Board has remanded the Veteran's claim of entitlement to service connection for degenerative disc disease of the lumbar spine due to additional development being necessary.

The Veteran's service-connected degenerative arthritis of the lumbar spine has not met the criteria for a higher rating since January 23, 2007.

The Veteran's appeal is remanded due to the need for additional medical records and a new VA examination of his lumbar spine osteoarthritis.

The Veteran's service-connected lumbar spine disability has not been shown to meet the criteria for a higher rating, as it does not result in actual limitation of motion or function loss due to pain.

The Veteran's tinnitus is found to be causally related to his military service, and the Board grants service connection for this condition. The claim for a back disability secondary to service-connected bilateral knee disability will require further development as outlined in the remand instructions.

The Board has determined that additional development is necessary before the claim can be fully adjudicated.

The Veteran's claims for increased disability rating and TDIU related to his service-connected cervical spine disability are being remanded due to the need for clarification of medical findings, additional VA treatment records, and consideration of referral for extraschedular ratings.

The Veteran's appeal is being remanded for further development, including VA examinations and the obtaining of additional medical records.

The Veteran's low back disability was not manifested by forward flexion of the thoracolumbar spine limited to 30 degrees or less, and his left lumbosacral radiculopathy is not manifested by more than mild incomplete paralysis of the sciatic nerve. Therefore, the increased ratings for lumbar degenerative disc disease and left lumbosacral radiculopathy are denied.

The Board has determined that additional development is needed to determine if the Veteran's lumbar spine disability and sciatica with radiculitis are related to his military service. The case will be returned for further action.

The Board found that the December 1968 rating decision denying service connection for malformation of the lumbosacral spine is final. The evidence received since then does not relate to an unestablished fact necessary to substantiate the claim, and thus the claim was denied on the merits.

The Veteran's appeal is being remanded to obtain updated VA treatment records, conduct a VA examination for his left ankle and right tibia and fibula disabilities, and provide an opinion on the etiology of his lower back disorder. The case will be re-adjudicated after these actions.