Back / lumbar spine decisions — 2010

The Board has denied the Veteran's claim for service connection for a back disability, finding that there is no evidence to support a link between his in-service injury and his current condition.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of his claimed back disorder, right leg disorder, and bilateral hearing loss.

The Veteran seeks service connection for a back disability that he contends was incurred during active duty in the Arkansas Army National Guard. The Board has determined that an examination is needed to determine if his current back disability is related to this incident.

The Board found that the Veteran's testimony and his spouse's credible testimony regarding an in-service injury and subsequent symptoms since service were sufficient to establish a nexus between his current low back disability and service. As such, the appeal for service connection was granted.

The Board denied the Veteran's claim for an increased disability rating for his service-connected low back strain, currently rated at 20 percent.

The Veteran's claims for service connection for GERD, Achilles tendonitis, and a higher rating for his degenerative disc disease of L5-S1 are being remanded due to the need for additional development.

The Board has determined that the reduction of the Veteran's disability compensation benefits due to incarceration was proper, and thus denied the appeal.

The Board has decided to remand the case due to insufficient medical evidence and a need for a VA examination to determine if the Veteran's current low back disability is related to his service.

The Board has determined that the appellant was not unemployable by reason of service-connected disability for the period from November 29, 2006, through March 27, 2008.

The Board found that the Veteran's cervical spine and low back disabilities were not incurred or aggravated by service, as there was no evidence of such during service or for many years thereafter. The current conditions are considered to be a result of pre-existing congenital defects.

The Board found that there is no evidence of a relationship between the Veteran's low back disability and his military service, thus denying the claim for service connection.

The Board found no evidence of a chronic low back disability and denied the Veteran's claim for service connection.

The Board granted the Veteran's claim of service connection for a left elbow disability and assigned a non-compensable rating. The appeal regarding an increased rating for lumbar strain was withdrawn by the Veteran prior to the issuance of a decision.

The Veteran's low back disability has been rated at 20 percent since October 30, 2007. The Board finds that the current rating is appropriate based on the evidence of record.

The Board dismissed the Veteran's claim for an earlier effective date for service connection of tinnitus and denied his claim for service connection of a back disorder due to lack of evidence showing a nexus between the claimed conditions and service.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine and cervical spine were not caused or aggravated by his service-connected left knee disorder.

The Board has decided to remand the case for further medical clarification regarding whether the Veteran's service-connected PTSD with generalized anxiety reaction and lumbosacral strain with arthritis leave him in need of assistance or result in his being housebound.

The Board has denied the petition to reopen the claim for service connection for a low back disorder due to lack of new and material evidence.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his back disability and whether it is related to service or aggravated by his right shoulder disability. The RO must also ensure that he has been provided proper notice with respect to these issues.

The Board finds that the Veteran's cervical spine degenerative disc and joint disease, asthma and chronic bronchitis, and major depressive disorder are all due to conditions incurred or aggravated during her period of active service. The effective date for these determinations is June 6, 1978, one day after separation from service.