Back / lumbar spine decisions — 2010

The Veteran's heart condition is not related to service or a service-connected disability. The claims for diabetes mellitus, eye conditions, foot conditions, hip conditions, leg conditions, hand conditions, arm conditions, and back disabilities are all denied as they do not meet the criteria for presumptive service connection due to herbicide exposure.

The Board has remanded the case for a personal hearing and to schedule the Veteran for a decision on whether new and material evidence has been received to reopen his previous denial of service connection for a low back disability, and if so, whether service connection is warranted.

The Board has remanded the case for additional development due to conflicting opinions regarding the Veteran's low back disability and its relationship to service.

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The Board denied the Veteran's applications to reopen his previously denied claims of service connection for PTSD, left hand weakness, and a low back disability. The claim for compensation under 38 U.S.C.A. § 1151 was also denied.

The Veteran's appeal is being remanded due to the unavailability of a Social and Industrial Survey, which was requested by the VA. The case will be sent back for further action.

The Veteran's service-connected disabilities (residuals of a low back injury, bilateral pes planus, irritable bowel with constipation, right knee chondromalacia, and left knee chondromalacia) preclude her from securing and following substantially gainful employment consistent with her education and occupational experience.

The Board has remanded the case due to inadequate examination and development of records. The Veteran's claim for service connection for a low back disability, claimed as secondary to his service-connected left shoulder fracture, needs further clarification and evidence.

The Board has remanded the case for additional development and readjudication due to issues related to service connection for cause of death and entitlement to Dependency and Indemnity Compensation (DIC) pursuant to 38 U.S.C.A. § 1318.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection, including obtaining SSA records and scheduling a VA examination.

The Veteran's claims for increased evaluations of his service-connected DDD, DJD of the right hip, left shoulder tendonitis, and right shoulder tendonitis were denied. The claim for GERD was not addressed as it is a separate issue.

The Veteran's claims for service connection for a psychiatric disorder, peripheral neuropathy of the left leg, and an increased rating for low back disability were pending at the time of his death. The Board found that these claims had been denied prior to his death but remanded them with instructions to consider them under a secondary service connection analysis. As the appellant filed for accrued benefits within one year of the Veteran's death, the claims are considered on their merits.

The Veteran's service-connected low back and cervical spine disabilities render him unable to secure or follow a substantially gainful occupation, warranting a TDIU.

The Board has granted service connection for a low back disability and a right knee patellar tendonitis, and has assigned a non-compensable rating for the left knee disability. The Veteran's current disabilities are found to be related to his military service.

The Veteran's claim for service connection of a lower back disorder is being remanded due to the need for additional information and medical examination.

The Board has granted service connection for the Veteran's low back disability and bilateral knee arthritis, finding that new and material evidence was received to reopen these claims. The TDIU claim is also granted.

The Veteran's service-connected chronic lumbar strain is currently rated at 20 percent, and a separate rating of 10 percent for S1 radiculopathy of the right lower extremity has been granted.

The Veteran's claims for service connection and increased ratings were denied. The RO also denied the claim for a total disability rating based on individual employment (TDIU).

The Veteran's appeal is being remanded for adjudication of the issue of clear and unmistakable error (CUE) in the January 1971 rating determination that denied service connection for a nervous condition. The issues of effective dates, TDIU, DEA eligibility, and an increased evaluation for bipolar disorder will be addressed after CUE is resolved.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for lumbar strain and degenerative disc disease of the lumbar spine, which is found to be secondary to his service-connected right knee disability. The Board concludes that the Veteran's current low back disabilities are proximately due to or the result of his service-connected right knee disability.