Back / lumbar spine decisions — 2010

The Board has denied the Veteran's claims of entitlement to an effective date earlier than June 25, 2002 for awards of service connection for a lumbar disability, bilateral lower extremity peripheral neuropathy, tinnitus, and bilateral hearing loss. The issue of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for a bilateral knee disability is also addressed in the REMAND portion.

The Board denied the Veteran's claims of entitlement to service connection for a neck disorder and a back disorder, finding that there was no in-service injury or disease related to these conditions. The claim for an initial compensable disability rating for sinusitis is not addressed in this decision.

The Veteran's claims for service connection for low back and right hip disabilities have been reopened due to the submission of new and material evidence. However, his claims for increased evaluations for his right knee disabilities remain denied.

The Veteran's claim for a compensable rating for his lumbosacral strain was granted, but he is still not receiving the full compensation due to his disability.

The Veteran's cervical spine degenerative disc disease is rated at 30 percent since May 19, 2009 and 20 percent prior to that date. The right fifth metacarpophalangeal fracture residuals are rated at 10 percent throughout the appeal period.

The Veteran's claim for SMC based on loss of use of both legs is being remanded due to inadequate VCAA notice and the need for a VA examination.

The Board found that the Veteran's L5-S1 spondylolysis and lumbar spine disc disease are related to his active service, granting his claim for service connection.

The Board denied the Veteran's claim for service connection for a low back disorder, concluding that his current lumbosacral disc pathology cannot be disassociated from an in-service chronic low back strain.

The Board found that the Veteran's back disability is not related to his service or secondary to his service-connected bilateral pes planus, and thus denied the claim.

The Board denied the Veteran's claim for service connection for a back disability, finding that there is no current disability and no evidence linking any injury or condition to her active service.

The Veteran's lumbar spine disability has been rated as 10 percent disabling since November 26, 2003. The Board found that the evidence does not support a higher rating for any period of time.

The Board denied the appellant's claims of entitlement to service connection for right knee and low back disabilities, finding that new and material evidence had not been received.

The Veteran's cervical spine disorder is being reviewed for possible secondary service connection to her already service-connected low back strain. Her claim for a higher rating on the low back disability and TDIU are also being remanded due to the need for additional medical opinions.

The Board has remanded the case for a videoconference hearing due to the appellant's request and because some issues have not yet been certified to the Board.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's claimed bilateral foot disorder, right knee disorder, and low back disorder. The claims will be readjudicated after all development is completed.

The Veteran's appeal has been dismissed as he withdrew his appeals for all issues except PTSD.

The Veteran's service-connected conditions do not meet the criteria for either automobile and adaptive equipment or specially adapted housing assistance.

The Board has remanded the case for additional development due to incomplete records and to consider all applicable laws and regulations.

The Board found that the Veteran does not have a current disability related to her active duty service for asthma, cervical spine disorder, and acute bronchitis. The Board also noted that there is no evidence linking any of these conditions to service.

The Veteran's service-connected bilateral pes planus is found to have aggravated his current degenerative arthritis of the lumbar spine, and it is at least as likely as not that this aggravation also caused or aggravated any identified hip disability. Service connection for a bilateral hip disorder is granted.