Back / lumbar spine decisions — 2010

The Veteran's claims for increased ratings for lumbosacral strain and ventral hernia have been denied. The Veteran is presumed to seek the maximum available benefit for his disabilities.

The Veteran's appeal is being remanded for further development, including obtaining medical opinions and Social Security Administration records.

The Board denied service connection for a low back disability, as well as compensation benefits under 38 U.S.C.A. § 1151 for heart and chronic renal diseases.

The Board has determined that the Veteran's low back degenerative joint disease and left ankle fracture are likely due to injuries sustained during his active service, granting service connection for both conditions.

The Board has granted service connection for a chronic low back condition, which is currently diagnosed as degenerative disc disease of the lumbar spine. The decision finds that the Veteran's current condition is related to his in-service injury during active duty.

The Veteran's appeals for arthritis of the right wrist, right knee, and lumbar spine, bilateral hearing loss, tinnitus, hypertension, and PTSD have been dismissed as he has withdrawn his appeals.

The Veteran's appeal is being remanded for further evaluation and consideration of his service-connected lumbosacral spine disability.

The Board has granted service connection for tinnitus and a lower back disability, with the latter being secondary to a service-connected right knee disability. Service connection for a left knee disability is not addressed as it was not part of the original appeal.

The Board has remanded the Veteran's claims due to incomplete development and need for additional examinations.

The Veteran's low back strain is currently rated at 20 percent, effective February 21, 2002. The claim for increased dermatitis has been granted with a 30 percent evaluation effective March 25, 2009.

The Board has determined that there is no evidence linking the Veteran's back disorder to service or his service-connected gunshot residuals of the right lower leg, and thus denies the claim for service connection.

The Board denied the Veteran's claims for service connection for lumbar disc disease and right knee disability, as well as his claim for an acquired psychiatric disorder other than PTSD. The evidence did not establish a link between current disabilities and service.

The Veteran's claims for increased ratings for lumbar strain and bilateral pes planus are being remanded due to the need for additional development, including obtaining SSA records and scheduling VA examinations.

The Veteran's claims for service connection for left leg radiculopathy, initial compensable evaluations for lumbar muscle spasm and a left inguinal hernia, and an initial rating in excess of 10 percent disabling for GERD were denied. The Board found that there was no evidence of chronic left leg radiculopathy or other service-connected disabilities causing the Veteran's symptoms.

The Board has determined that the Veteran's bilateral knee disorder is related to his active service, and therefore grants service connection for this condition. The low back disorder claim is also granted as the evidence is in equipoise regarding its relationship to service.

The Veteran's appeal is remanded due to the need for a new VA examination and additional treatment records. The issue of entitlement to an evaluation in excess of 40 percent for service-connected lumbosacral strain with degenerative changes will be reconsidered.

The Board has granted effective dates of August 16, 2004 for service connection of low back disability, cervical spine disability, and right shoulder degenerative joint disease.

The Veteran's appeal of the January 2004 rating decision was dismissed due to failure to timely file a substantive appeal. The issues of entitlement to increased ratings and earlier effective dates are currently on hold as they are inextricably intertwined with the timeliness issue.

The Board has remanded the case for additional development to determine if the appellant's current low back disability is related to his service, specifically an in-service fall.

The Board found that the Veteran's current degenerative disc disease of the lumbar spine is related to an injury incurred during active service, and thus granted his claim for service connection.