Back / lumbar spine decisions — 2010

The Veteran's claim for service connection for a back disability is being remanded due to the need for additional evidence and an examination.

The Board has granted service connection for a back condition, finding that the Veteran's current lumbar spine osteoarthritis and sensory neuropathy of the hypoglossal branch of the left side of his tongue are related to his active duty service.,Service connection was also granted for a dental condition with nerve damage to the tongue. The Board found that this condition is at least as likely as not related to the Veteran's in-service dental surgery.

The Board denied the reopening of the claim for service connection for a low back disorder in October 2002. The Veteran presented new evidence, including medical opinions linking his current condition to service, which was not previously considered. As such, the appeal is mixed - some issues are granted while others remain unresolved.

The Veteran's service-connected disabilities, which include a fracture of the right middle finger resulting in ankylosis of multiple fingers, cervical fusion with degenerative joint disease, scars from facial injuries, osteoarthritis of the lumbar spine, and bilateral hearing loss, do not render him unable to secure or follow substantially gainful employment. His combined disability rating is 60 percent.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess his service-connected lumbar disc disease, bilateral hearing loss, and unemployability.

The Veteran's claims for increased ratings were granted, with a 10 percent evaluation assigned for deformity of the vertebral body in the lumbar spine and a 20 percent evaluation assigned for moderate limitation of motion of the lumbar spine. The claim for an excess rating for residuals of compression fracture of the thoracic spine was denied.

The Board has determined that the veteran's pre-existing low back disability was not aggravated by service, and thus, he is denied service connection for his current low back disability.

The Board has remanded the case for additional development due to insufficient medical evidence regarding whether the Veteran's low back disability is related to service.

The Board found no evidence of a low back disability in service or for many years thereafter, and the VA examination did not establish a link between the current condition and military service. The claim was therefore denied.

The Board denied service connection for low back disorder, bilateral shoulder condition, and bilateral arm condition due to lack of evidence linking these conditions to service or any service-connected disability.

The Veteran's low back disability is rated at 40 percent, effective from March 3, 2009. His left leg sciatica remains at a 10 percent rating.

The Board denied the Veteran's petition to reopen his claim for service connection for a skin disability, as well as his claims for service connection for low back and psychiatric disabilities. The decision also noted that new evidence was not received since the March 2002 denial.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Board hearing. The case will be handled again after the new hearing.

The Veteran's appeal is being remanded due to the need for further evaluation of his service-connected lumbar spine disability and consideration of his claim for a total rating based on individual unemployability. The issue of an increased evaluation for the Veteran's service-connected lumbar spine disability is inextricably intertwined with the issue of his entitlement to a total rating for compensation purposes.

The Veteran's claim for an initial schedular evaluation in excess of 20 percent for DDD with right sacroiliitis at L5-S1 was granted, effective July 21, 2006. The case is now pending as the Veteran continues to appeal his TDIU and extraschedular evaluation claims.

The Board has remanded the case due to the need for a new VA examination to determine if any current back disorder is related to the Veteran's military service or any incident therein.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected low back injury and left lower radiculopathy.

The Veteran's claims for service connection for a left eye disorder, initial evaluations for low back disorder with radicular foot pain and GERD, evaluations for right and left heel spurs and plantar fasciitis, and evaluation for right wrist tendonitis were all denied. The Veteran was not granted any new or material evidence to reopen her previously denied claims.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran does not meet the criteria for service connection for a chronic low back disability, cyst, left kidney, temporomandibular joint disease (TMJ) to include as secondary to PTSD, tinnitus, or hearing loss.