Back / lumbar spine decisions — 2010

The Board has remanded the case for further development, including obtaining service treatment records and medical discharge information. The Veteran's claim for reopening his back condition will be considered.

The Board has determined that additional development is necessary before the claims for service connection can be decided.

The Veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA orthopedic examination.

The Board found no evidence of a current low back disability and denied the Veteran's claims for service connection for this condition. The claim for an initial compensable rating for shrapnel injury to muscle group XVII was granted.

The Veteran's right shoulder impingement syndrome, partial rotator cuff tear with degenerative changes, and back disability are found to be the result of injury incurred during active military service.

The Veteran's claim for an increased rating for his lumbar spine disability is being remanded due to the need for additional development, including a new examination.

The Veteran's TDIU claim is being remanded for further development, including a VA examination to assess his employability due to service-connected disabilities.

The Veteran's low back disability, including a post-operative scar, is service-connected. His scar near the upper lip is also service-connected. Since November 28, 2004, his irritable bowel syndrome has been rated at 30 percent. The RO must readjudicate the claim of entitlement to a total disability rating based on individual unemployability in light of these findings.

The Board denied the Veteran's claims for service connection for a low back disability and TDIU due to his service-connected disabilities. The appeal is remanded for further development.

The Board found no independent verification of a noncombat stressor in service, including near drowning. The preponderance of the evidence showed that an acquired psychiatric disorder was not incurred in or aggravated by service.

The Veteran's claim for an effective date prior to August 31, 1992, for the award of service connection for a lumbar spine disability was dismissed as his appeal is not authorized by law due to the finality of the May 1993 rating decision.

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Board denied the Veteran's claims for service connection for PTSD, a respiratory disability to include pulmonary tuberculosis and emphysema, a lumbar spine disorder, a bilateral arm disorder, and a visual disorder. The decision also noted that the Veteran's claim for secondary service connection for a respiratory disability due to his psychiatric disability other than PTSD was referred to the RO.

The Veteran's service-connected disabilities have not caused him to become blind or so nearly blind as to require regular aid and attendance of another person.

The Veteran's low back disability, rated as 10 percent disabling prior to December 4, 2009, and now rated at 40 percent effective December 4, 2009, warrants a higher rating due to the current limitation of forward flexion to 30 degrees.

The Board denied service connection for lumbar spine arthritis, right hip degenerative joint disease, and right knee conditions as they are not related to the service-connected right calf laceration.

The Board has determined that the Veteran's cervical and lumbar spine disorders are not related to his military service, and thus denied both claims.

The Board finds that the Veteran's current low back disability is not related to his active service and has denied the claim of service connection.

The Board denied service connection for a right eye disability, low back disability, and did not grant an evaluation in excess of 10 percent for left knee disability. The Veteran's current disabilities are found to be unrelated to his military service.

The Board has determined that the Veteran's current lumbar spine disability is not related to his military service and arthritis of the lumbar spine was not shown within one year of discharge.