Back / lumbar spine decisions — 2010

The Board denied the Veteran's claims for service connection for hemorrhoids, a back condition, and a lung condition (claimed as double pneumonia), finding no evidence of chronic conditions related to service.

The Board has remanded the case due to new evidence and a need for further examination.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, verifying the nature of the Appellant's reserve service in July 1997, and providing a VA examination to determine if his current cervical spine and lumbar spine disorders are related to his military service.

The Veteran's claims for service connection for a back disability and sleep disorder, claimed as sleep apnea, were denied due to lack of credible evidence linking the disabilities to his military service.

The Board has granted service connection for a cervical spine disorder and lumbosacral spine disorder, finding that the Veteran is entitled to the presumption of soundness due to her second period of active duty service. The left knee disorder and sciatic nerve disorder are not yet addressed as they require further examination and medical opinion.

The Veteran's DDD of the lumbar spine with spondylosis and radiculopathy is manifested by complaints of pain and functional impairment, but his forward flexion limitation does not meet the criteria for a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claims for service connection for a low back disability and an upper back and neck disability. The case is REMANDED for these purposes.

The Board has determined that the Veteran's PTSD is service-connected based on credible supporting evidence of an in-service stressor. The low back disability claim requires further examination to determine if it is related to service.

The Board has determined that the Veteran's low back disorder is related to his active duty service and grants service connection for this condition. The skin disorder, claimed as jungle rot, will be remanded for further development.

The Veteran's back disability is rated at 10 percent, and his left knee condition does not meet the criteria for a higher rating. The current ratings are deemed appropriate based on the range of motion findings.

The Veteran's claims for increased ratings for degenerative joint disease of the left and right knees, esophageal stricture, and hiatal hernia with gastroesophageal reflux disease were granted. The Veteran was assigned a 10 percent rating each for his knees and a 30 percent rating for his esophageal stricture and a 10 percent rating for his hiatal hernia.

The Veteran's service-connected DDD of the lumbar spine was not shown to warrant a rating higher than 20 percent prior to October 3, 2007.

The Board has decided to remand the case for additional development, including obtaining medical records and a VA examination.

The Veteran's claim for an effective date prior to May 21, 2001 for the assignment of a total disability evaluation based on individual unemployability (TDIU) is granted. The June 12, 1987 rating decision and subsequent decisions are not considered clear and unmistakable error.

The Board denied service connection for various conditions, finding that the evidence did not support a finding of service origin or association with service-connected disabilities.

The Board has remanded the case for additional development, including scheduling VA examinations and readjudicating the claims.

The Board has determined that the Veteran's lumbar spine disorder, including degenerative disc disease from L3-L4 and L5-S1, with herniated nucleus pulposus at L4-L5 and L5-S1, is service-connected.

The Veteran's low back disability is currently rated at 20 percent, effective October 17, 2007. The appeal has been denied as the evidence does not support a higher rating.

The Board has determined that the Veteran's back disorder is service-connected as it was incurred during active military service. The claim for tinnitus remains pending and requires further development.

The Board has determined that the Veteran's thoracic spine disability is service-connected, as it resulted from a back injury during active duty. However, the lumbar spine disability was not found to be related to service.