Back / lumbar spine decisions — 2010

The Board has reopened the Veteran's claim and granted service connection for a low back disability, finding that new evidence submitted since the last final denial is sufficient to establish service connection.

The Board found no evidence of a low back disability related to the appellant's service, specifically his ACDUTRA in 1983. The claim was denied.

The Veteran's appeal is being remanded for further development, including obtaining treatment records and scheduling VA examinations to assess his low back disability and left upper extremity neuropathy.

The Veteran's claim for a higher rating of migraine headaches has been granted, with the maximum schedular rating of 50 percent. The claim for gastroesophageal reflux disease (GERD) is pending and will be readjudicated after obtaining recent VA treatment records. The low back disability claim was reopened due to new evidence submitted since the last denial in September 2002.

The Board found that the Veteran does not have a current lower back disability and denied her claim for service connection. The decision also noted that she has been diagnosed with bipolar disorder, which is unrelated to her time in military service.

The Board denied the Veteran's claims for service connection for right knee, left knee, middle back, and neck conditions as secondary to his service-connected bilateral pes planus. The Board found no evidence linking these conditions to service or a service-connected disability.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule her for VA examinations. The issues of increased ratings for low back strain and left heel spur remain in appellate status.

The Veteran's appeal of the claims for service connection for a cervical spine disability, low back disability, and left knee disability is being remanded due to additional development needed.

The Board found no evidence linking the Veteran's current back disability to his service, and thus denied his claim for service connection.

The Board found that the Veteran's back disorder was not incurred in or aggravated by service and may not be presumed to have been incurred in service. The claim for bilateral hearing loss is addressed in the REMAND portion of the decision.

The Veteran's lumbosacral strain with spondylolysis was reduced from 40% to 20%, effective February 1, 2008. The reduction in rating for his mood disorder from 30% to 0% (noncompensable) was not proper.

The Veteran's claim for an initial evaluation in excess of 20 percent for lumbosacral strain with degenerative disc disease was denied. The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is addressed in the REMAND portion of this decision.

The Board granted service connection for degenerative arthritis of the lumbosacral spine, finding that it was manifested as a result of active service and resolving reasonable doubt in favor of the Veteran.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by active duty service, nor may it be presumed to have been incurred during active duty service. The right knee disorder issue is pending and will be addressed after further development.

The Veteran's claim for a higher rate of SMC based on need for aid and attendance is denied as the disability requiring such assistance is due to his service-connected residuals of poliomyelitis, not separate disabilities.

The Veteran's lumbosacral strain was rated at 20 percent since August 31, 2009. The rating is considered appropriate based on the current functional impairment of the lumbar spine.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disability, which arose out of a single accident and currently rated at 60 percent disabling.

The Board found that the Veteran's current lumbar spine disability was not incurred in or aggravated by her active service and denied her claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of her service-connected low back disability.

The Board has determined that the Veteran's anxiety disorder is related to his service, but his back disability is not. The evidence does not support a finding of in-service injury or aggravation.