Back / lumbar spine decisions — 2010

The Veteran's claims for service connection for bilateral knee, left hip and low back disabilities are being remanded due to inadequate medical opinions regarding the relationship between these conditions and his service-connected disabilities.

The Veteran's appeal is being remanded for additional development to determine the extent of his service-connected disabilities and any bilateral wrist disability, as well as whether these conditions are related to service or a service-connected disorder.

The Board has determined that additional development is necessary before the merits of the claim may be addressed, including obtaining VA treatment records and conducting a VA examination.

The Veteran's claims for earlier effective dates were denied as the evidence did not show that any of his service-connected disabilities warranted an earlier effective date than November 9, 2007.

The Board has determined that the Veteran's claims for service connection for hearing loss, tinnitus, migraine headaches, heart disease, residuals of a stroke, and lumbar spine disability are not supported by competent evidence. The preponderance of the evidence is against finding an in-service injury or event that would support these claims.

The Veteran's cervical spine, low back, left hip, right hip, left knee, and right knee disabilities are being remanded for additional development due to the need to address the impact of his airborne training. The ankle disabilities are separate from the thoracolumbar degenerative disc disease or degenerative joint disease.

The Veteran's initial claim for a compensable rating for cervical spondylosis was denied. Service connection for low back, right shoulder, and eye disorders were also denied. Tinnitus and bilateral hearing loss were not related to service.

The Veteran's claim for an increased rating for his chronic strain of the lumbosacral spine was denied, and he is currently rated at 20 percent. Service connection for bilateral shoulder and knee disabilities were also denied due to aggravation by military service.

The Board has reopened the Veteran's claim for service connection of a lower back disorder and has determined that there is sufficient evidence to establish service connection based on continuity of symptomatology since service.

The Veteran's appeal includes claims for increased ratings for his service-connected lumbar spine and related weakness of the lower extremities, as well as a claim for TDIU. The case is being remanded to consider these issues.

The Board has remanded the case due to the need for further evidentiary development, including a VA examination.

The Veteran's claim for an earlier effective date for a TDIU was denied as the evidence did not establish that he was unemployable solely due to his service-connected disabilities prior to May 10, 1999.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine was aggravated during a period of active duty for training (ACDUTRA) in June 1998, and therefore service connection is granted.

The Veteran's appeals for increased ratings for lumbosacral degenerative disc disease and left leg radiculopathy have been dismissed due to his failure to respond within a year to VA requests for releases necessary to secure the further evidence needed for proper adjudication of these claims.

The Board found that the Veteran's back disability did not manifest during service or within one year of separation, and thus denied his claim for service connection. The same was true for his right and left knee disabilities.

The Board granted service connection for the lumbar spine disability and assigned an initial rating of 10 percent. The claimant is seeking a higher rating.

The Board denied service connection for a low back condition, finding that the Veteran's current low back disability is not related to her military service.

The Veteran's appeals for increased disability ratings were denied as he did not file a timely substantive appeal.

The Board has remanded the case due to the Veteran's absence from a previously scheduled hearing and requests for a new hearing at the RO.

The Board has remanded the case for further development, including verifying all periods of active duty and inactive duty training with the Puerto Rico National Guard, conducting VA examinations to determine the nature and etiology of the appellant's current back, right knee, left knee, cardiovascular (hypertension), and psychiatric disorders, and providing appropriate notice on secondary service connection.