Back / lumbar spine decisions — 2010

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Board has remanded the case for further development, including obtaining workers' compensation records from Alaska and California.

The Board found that the Veteran's left eye disability was not incurred or aggravated by service, and denied her claim for service connection. The low back disability issue is remanded.

The Veteran's appeal is being remanded for additional development and due process concerns, including obtaining VA examinations to determine the nature and likely etiology of his left knee disability and the severity of neurological abnormalities associated with his service-connected lumbar spine disability.

The Veteran's claims of entitlement to a compensable evaluation for right ear hearing loss, service connection for low back disorder, and service connection for bilateral knee disorder have been denied due to his failure to cooperate with the VA by failing to report for scheduled examinations.

The Board found that the Veteran's current low back disability is not related to his military service and denied his claim.

The Board has remanded the claim for additional development to determine if the Veteran's current back disability is related to his military service, specifically a 1958 injury in Fort Hood, Texas.

The Board has determined that the Veteran does not have a lumbar spine disorder, sinusitis, residuals of right or left ankle sprains, or onychomycosis. Therefore, service connection for these conditions is denied.

The Veteran's residual right groin scar is currently assigned a 10 percent evaluation, and the Board finds that this rating adequately reflects his disability. The Veteran's lower back disorder claim is addressed in the REMAND portion of the decision.

The Veteran's claim for a higher rating for his osteoarthritis of the lumbar spine was granted, with a current rating of 10 percent.

The Board denied the Veteran's claims for service connection for lumbar spine disorder, bilateral hip disorder, and cervical spine disorder. The evidence did not show an in-service injury or disease that caused these conditions, nor was there clear and unmistakable evidence to rebut the presumption of soundness at entry into service.

The Veteran's claims for increased ratings for his service-connected low back and bilateral knee disabilities, as well as radiculopathy of the right leg, were denied. The Veteran was granted a 10% rating for residuals of a sprain of the right ankle.,Service connection for radiculopathy of the left leg was also denied.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance has been granted due to his service-connected psychiatric disorder, which requires constant supervision.

The Board found that the September 1980 bicycle accident was due to the Veteran's willful misconduct, and thus denied service connection for his claimed disabilities.

The Veteran's service-connected spondylolisthesis of the 5th lumbar vertebra is currently rated at 10 percent and the Board finds that a higher rating is not warranted.

The Veteran seeks to reopen his claim for service connection for a back disorder, claimed as low back arthritis. The Board has determined that new and material evidence was received to reopen the claim but has not made a decision on whether service connection should be granted.

The Veteran's need for regular aid and attendance due to his service-connected disabilities, particularly his lumbar spine condition, has been established. He requires assistance with daily activities such as bathing, dressing, and handling finances.

The Veteran's service-connected low back and cervical spine disabilities, both involving degenerative disc disease with strain, do not meet the criteria for a higher disability evaluation.

The Board finds that the Veteran's depression was incurred in service and grants service connection for this condition. The Board also finds that his low back disorder is not related to service, as there is no evidence of a chronic disability within one year post-service.

The Board denied service connection for left foot plantar fasciitis, bilateral leg pain and tremors due to chronic pain syndrome, and chronic low back pain due to chronic pain syndrome. The preponderance of the evidence did not support a finding that these conditions were incurred in or aggravated by service.