Back / lumbar spine decisions — 2010

The Veteran's claim for a TDIU is denied as he did not meet the schedular threshold and his unemployability was due to factors other than his service-connected disabilities.

The Veteran is seeking service connection for sleep apnea, which he claims is related to his already service-connected degenerative disc disease of the lumbosacral spine. The case has been remanded due to a request for a hearing before a Veterans Law Judge.

The Board has granted service connection for tinnitus and malignant melanoma of the right lung as a result of exposure to herbicides. The Veteran's claims for degenerative disc disease of the lumbar spine, melanoma and skin cancer of the neck and right cheek, atrial fibrillation, sterility, bilateral hearing loss, and nose disability have been withdrawn by the Veteran.

The Veteran's DDD of the lumbar spine is currently rated at 40 percent for the period beginning June 10, 2008.

The Veteran's appeal for nonservice-connected pension benefits was denied as he did not meet the threshold service eligibility requirements. The Board found that his military service does not qualify him for VA pension benefits.

The Veteran's claim is being remanded due to the need for additional development, including VA examinations and a review of his service records.

The Veteran's low back disability is currently rated at 20 percent, which is the maximum schedular rating available for his service-connected DDD and degenerative arthritis of the lumbar spine. The evidence does not support a higher evaluation.

The Veteran's claims of service connection for tinea pedis and a low back disability were denied, as the evidence did not establish that these conditions had their onset in or are otherwise related to his military service. The claim for an increased rating for hemorrhoids was also denied.

The Board found that the Veteran's low back disorder is not related to his active service and denied his claim for service connection.

The Veteran's claims for increased evaluations for his service-connected lumbar strain, right knee strain, and left knee strain are being remanded due to the need for additional development including obtaining updated medical records and scheduling a VA examination.

The Veteran's low back disability is rated at 10 percent, but the Board found that a higher rating was not warranted. The claim for service connection of anemia and associated hysterectomy has been reopened due to new evidence.

The Veteran's claim for an increased rating for sciatic neuralgia of the left leg is being remanded to allow for a new VA examination and consideration of his symptoms since the last evaluation.

The Veteran's claim of service connection for a lumbo-thoracic spine disability has been reopened and granted. The Veteran is still denied service connection for left knee, right knee, and psychiatric disabilities as they are not related to his service-connected residuals of a fractured left fibula with left ankle strain.

The Board found that the September 1976 rating decision did not contain clear and unmistakable error (CUE) in continuing a 20 percent evaluation for lumbrosacral strain with recurrent sciatic neuropathy degenerative disc disease at L5 level. The Veteran's claim for an increased rating was also denied.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional examinations and development of his medical records.

The Veteran's claim for an increased evaluation for her service-connected degenerative disc disease with spinal stenosis and S1 radiculopathy is being remanded due to the need for additional development, including a VA examination.

The Board denied the Veteran's claims of entitlement to service connection for an acquired psychiatric disorder and a lumbar spine disorder, finding no new and material evidence. The claim for residuals of frostbite was also denied.

The Board finds that the Veteran's low back disorder is not causally or etiologically related to active service and may not be presumed to have been incurred. There is no medical evidence relating his low back disorder to his service-connected bilateral pes planus.

The Board has denied all service connection claims, except for PTSD and abdominal scar. The Veteran's bilateral shin splints, left hip quad strain, GERD, stomach ulcer, residuals of a fracture of the right 5th toe, neck disability, abnormal pap test, ovarian cyst, constipation, hemorrhoids, left knee disability, and sinusitis have not been found to be related to her military service.

The Board denied the Veteran's claims for service connection for a back disorder and a psychiatric disorder, as well as his claim for headaches secondary to a head injury scar. The bilateral patellar femoral syndrome was not shown until after service.