Back / lumbar spine decisions — 2010

The Board has determined that the Veteran does not have a low back disability due to service and denied his claim for service connection. The issue of service connection for left knee disability remains pending as it is unclear whether the appeal is about service connection at all.

The Veteran is seeking service connection for back and bilateral shoulder disorders, which he attributes to inservice gunshot wounds. The Board finds there is a further duty to assist the Veteran with his claims and remands the case for additional development.

The Board has determined that the Veteran's low back disorder first manifested during his active duty for training (ACDUTRA) and is not related to service, thus granting service connection.

The Veteran's service-connected disabilities do not result in loss of use of either foot or lower extremity, and the Board finds that his inability to walk without crutches is due to spinal conditions rather than a service-connected condition.

The Board has determined that the Veteran's low back condition was not incurred or aggravated during service and is not proximately due to a service-connected disability, thus denying his claim for service connection.

The Board has remanded the case for further development, including obtaining additional medical records and providing an addendum to the previous examination report.

The Board has determined that an effective date of July 15, 2002 should be established for the grant of service connection for rhinitis. The Veteran's claim is granted with respect to this issue.

The Veteran's C4 to C5 disc herniation is not shown to be due to an injury or other event of his active service, nor is it shown to have been caused by the service-connected residuals of lumbosacral strain. The Board finds that there is no causal relationship between the cervical spine disorder and the service-connected lumbar spine disability.

The Board has determined that the Veteran's current low back disorder, including lumbar strain, degenerative disc disease L4-5, facet degenerative changes, and right sciatica, was not incurred or aggravated during service. The VA examiner found no link between his current condition and his period of active military service.

The Board has determined that there is no current diagnosis for the Veteran's claimed low back and left hip disorders. The evidence does not support service connection for these conditions.

The Board has remanded the case for additional development, including obtaining VA and private treatment records and scheduling a VA examination to determine if the Veteran's low back disorder is related to service.

The Board has granted service connection for cervical spine arthritis with degenerative disc disease and chronic muscle strain, but denied service connection for right shoulder arthritis with chronic muscle strain and left shoulder arthritis with chronic muscle strain as not related to service or a service-connected disability.

The Board has reopened the claim for service connection for a low back disorder and is now remanding it for further development. The issues of left shoulder pain, arthritis in the cervical spine, and right knee pain are also being addressed.

The Board has remanded the case for additional development due to unclear etiology of hypertension, left knee condition and low back pain. The Veteran's claims are not decided at this time.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for additional VA medical records and a new examination.

The Veteran's claim for service connection for a back disability was denied, and his claim for an increased rating for pes planus with foot strain is remanded.

The Board found that the Veteran does not have any current diagnoses of the claimed conditions and there is no evidence linking these conditions to his active duty service. Therefore, the claims for service connection are denied.

The Veteran's tinnitus and erectile dysfunction are granted service connection as they are related to his active duty. The degenerative disc disease of the lumbar spine is also granted, but the hip condition, leg disorder, and major depression claims remain pending.

The Veteran's claims for increased ratings and service connection were denied. The Veteran is not entitled to higher disability ratings or service connection based on the evidence of record.

The Veteran's claim for an earlier effective date for the grant of service connection for degenerative joint disease of the lumbar spine is dismissed because it is a free-standing claim and not based on CUE in a final rating decision.