Back / lumbar spine decisions — 2010

The Veteran's claims for increased ratings were denied. The intervertebral disc disease of the thoracolumbar spine was rated at 40 percent, sensory radiculopathy of the left leg prior to May 13, 2010 was not compensable, and beginning on May 13, 2010, it was rated at 10 percent. The residuals of a vasectomy were also rated at 10 percent.

The Board found that the Veteran's low back disorder and varicose veins of the right leg were not caused or aggravated by his service-connected left knee disability. The VA examiner concluded that these conditions were more likely related to the Veteran's age, work-related injuries, and physically demanding job with USPS.

The Board found that new and material evidence had not been submitted to reopen the claims for cervical and lumbar spine disorders, as well as head injury residuals and an acquired psychiatric disorder. The claim of service connection for a cervical spine disorder was denied due to lack of competent medical evidence linking the condition to military service. Similar findings were made regarding the lumbar spine disorder and head injury residuals. Regarding the acquired psychiatric disorder, the Board noted that while the appellant had been diagnosed with various mental health conditions, there was no competent medical evidence linking these disorders to his military service.

The Board denied the Veteran's claim of entitlement to service connection for a low back disability due to insufficient evidence and development.

The Veteran's back disability was granted a 40 percent rating effective November 18, 2008. He also received separate ratings for sensory deficit of the right lower extremity and radiculopathy of the left lower extremity.

The Veteran's degenerative disc disease of the cervical spine does not meet the criteria for an evaluation in excess of 10 percent.

The Board has determined that the Veteran's back disorder was incurred in service and granted service connection for this condition. The hip disorder claim is remanded.

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

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the current severity of his service-connected right knee scar, right knee postoperative residuals, and bilateral pes planus.

The Board has granted service connection for a sinus disorder and a low back disorder, finding that these conditions are related to the Veteran's active service. The low back disorder is also found to be secondary to his service-connected cervical spine disorder.

The Veteran's appeal includes claims for increased disability ratings, special monthly compensation, and benefits related to adaptive equipment. The case is being remanded due to the need for additional examinations and records.

The Veteran's claim for service connection for degenerative joint disease of the lumbar spine is pending. The Board has determined that further development, including a VA examination, is necessary to determine if his cervical spine disorder is related to military service.

The Veteran's appeal is remanded due to the need for additional medical examination and records.

The Veteran's claim for a higher initial rating of 20 percent prior to January 3, 2009 for her low back disability was denied as the evidence did not show an increase in severity until after this date.

The Board has determined that the Veteran timely filed a Notice of Disagreement (NOD) regarding the September 2004 denial of service connection for a right knee disability. As such, the appeal on this issue is granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling VA examinations to assess the current severity of his service-connected low back disorder and right knee disorder.

The Board has remanded the case due to missing service treatment records and needs further examination and opinion regarding the Veteran's right ankle disability. The issue of secondary service connection for back disability is also pending.

The Board has granted service connection for a back disability and a bilateral knee disability, finding that the Veteran's current conditions are related to his in-service injuries.

The Board has determined that the submitted evidence is not new and material, thus denying the petition to reopen the claim of service connection for a back disorder.

The Veteran's claims for service connection for fibromyalgia, a disability due to exposure to environmental hazards of the Persian Gulf War, and a disability due to in-service exposure to depleted uranium are denied as there is no current diagnosis or objective evidence of such conditions.