Back / lumbar spine decisions — 2010

The Veteran's claim for an increased rating for her service-connected lumbosacral intervertebral disc syndrome is being remanded to the RO/AMC for additional development, including VA examinations and consideration of new evidence.

The Board has determined that the Veteran's current bilateral patellofemoral arthritis of the knees and low back disorder are related to active military service, granting service connection for both conditions.,The Board also found in favor of the Veteran regarding his claim for residuals of a low back injury.

The Veteran's disability rating for residuals of a low back injury with degenerative disc disease of the lumbar spine, status-post discectomy and fusion of L4-S1, was increased to 40 percent effective October 28, 2009.

The Board has determined that a chronic low back disorder was not incurred in or aggravated by active service and denied the Veteran's claim for service connection.

The Board has decided to remand the case due to new evidence and reconsideration of the Veteran's service connection claim for a back disorder. The issue is now recharacterized as whether there was an in-service injury or aggravation that caused current back disorders.

The Veteran's claims for service connection are being remanded due to the need for additional development, including medical examinations and opinions regarding his claimed conditions.

The Board found that the Veteran's degenerative disc disease of the lumbar spine and migraine headaches did not have their onset in active service or within one year of active service, and thus denied service connection for these conditions.

The Board has remanded the case for additional development, including a VA examination to determine the nature and likely etiology of the Veteran's claimed back disorder. The Veteran is required to report for this examination.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in acquiring specially adapted housing or a special home adaptation grant due to lack of loss of use of both lower extremities.

The Board has remanded the claims for service connection due to inadequate review of the Veteran's private treatment records.

The Board has determined that the Veteran's current low back disorder, including degenerative disc disease, was not incurred in or aggravated by service and arthritis may not be presumed to have been so incurred. The preponderance of evidence is against the claim.

The Board has remanded the case for additional development, including examinations and etiological opinions.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence of additional disability due to VA care, and the fault lies with the Veteran.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of the Veteran's service-connected lumbar spine disability. The claim will be re-adjudicated after these actions.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and considering service connection for lumbar spine degenerative disc disease.

The Veteran's service connection claim for cervical and lumbar degenerative disc disease with lumbar spondylosis is granted. The claim for depression and anxiety remains pending as it was not addressed in the decision.

The Veteran's appeal is being remanded for additional development, including obtaining medical records from the VAMC in Hot Springs, South Dakota.

The Veteran's low back disorder was initially rated at 20 percent from July 16, 1999, through March 7, 2010. From March 8, 2010, the rating for his orthopedic manifestations of the condition has been increased to 40 percent.

The Board found no evidence of a link between the Veteran's current low back disability and his service, including an in-service injury. The claim was denied.

The Veteran's service-connected disabilities (PTSD, lumbar spine disability, and hemorrhoids) prevent him from securing or following a substantially gainful occupation.