Back / lumbar spine decisions — 2010

The Veteran's claims for increased ratings for his service-connected cervical and lumbosacral spine disabilities are being remanded due to the need for additional development, including obtaining medical records and possibly a new VA examination.

The Veteran's claims for service connection for a back disability, head injury with migraines, and PTSD with depression are being remanded due to the need for further development including verification of an in-service stressor.

The Board has determined that the Veteran's currently diagnosed low back and neck disabilities are not related to service, including his in-service motor vehicle accident. The evidence does not support a finding of service connection for these conditions.,For diabetes mellitus, the criteria for an evaluation in excess of 20 percent have not been met.

The Veteran's right wrist disability, resulting from a fusion surgery in November 2007, is currently rated at 50 percent disabling. The lumbar spine compression fracture residuals are also rated at 20 percent. Both conditions meet the criteria for their respective ratings.

The Veteran is seeking service connection for various disabilities, including psychiatric conditions and spinal and joint disorders, all claimed as secondary to his service-connected left foot disability. The Board has determined that additional evidence should be obtained before the claims can be fully adjudicated.

The Board has remanded the case for additional development due to the need for medical examinations and opinions regarding the Veteran's right arm and lower back disabilities.

The Board found that the appellant's degenerative disc disease of the lumbar spine did not warrant an initial evaluation in excess of 10 percent prior to April 17, 2009.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues of service connection for a low back disorder and an initial compensable disability rating for right ear hearing loss are pending.

The Board found that the appellant's lumbar spine disability was not incurred in or aggravated by service and may not be presumed to have had its onset in service.

The Veteran's DDD of the lumbar spine was initially rated at 10 percent, effective July 18, 1998. The claim for an increased rating from August 30, 2004 to June 26, 2008 resulted in a grant of a 20 percent disability rating.

The Veteran's service-connected disabilities, including sleep apnea, right and left shoulder tendonitis, depressive disorder, cervical spondylosis, lumbar degenerative discs, a left knee disorder, gastroesophageal reflux disease (GERD), a left pelvic disorder, chronic fatigue syndrome, tinnitus, bilateral hearing loss, sinus residuals of a rhinoplasty and septoplasty, a left foot disorder, hypertension, genitourinary (urethral) disorder, and rosacea on the nose, have rendered him unable to secure or follow a substantially gainful occupation since April 1, 2001. The Board finds that his service-connected disabilities meet the percentage criteria for TDIU throughout the entire appeal period.

The Veteran's current back disability is not related to his active duty service.

The Veteran's claim for an increased rating for his service-connected low back disability was denied, and the TDIU claim was also denied.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and multiple nevi, as well as increased ratings for PTSD. The Board found that his current conditions were not incurred or aggravated by service.

The Veteran's claim for a rating in excess of 40 percent for his low back disability was denied. His temporary total rating based on convalescence following surgery was also denied.

The Board has remanded the case due to the need for additional medical records and a supplemental opinion from a VA clinician regarding the nature, extent, onset, and etiology of any back disability found to be present.

The Veteran's appeal is being remanded due to her request for a personal hearing. The Board cannot decide the appeal until she has been afforded this opportunity.

The Board has remanded the case for additional development due to failure to appear for VA examinations and for obtaining any outstanding medical records.

The Board has determined that the Veteran's tinnitus and back disorder were not incurred in or aggravated by his military service, and thus denied these claims.

The Board has found that the Veteran's current low back disability did not originate in service and is not related to his active military service. As a result, the claim for service connection for a low back disorder is denied.