Back / lumbar spine decisions — 2010

The Board denied the Veteran's claims for service connection for right foot, left foot, and low back disabilities due to a lack of evidence showing current disability or a nexus to service.

The Veteran's claim for an increased evaluation for low back syndrome was denied, and the issue of entitlement to a TDIU was also denied. The RO found that the evidence did not support an evaluation in excess of 40 percent for the service-connected low back syndrome.

The Veteran's claims for service connection are being remanded due to the need for additional medical examination and opinion regarding the etiology of his current disabilities.

The Veteran's appeal for increased evaluations was withdrawn, and the Board dismissed the claims as there is no longer an active issue regarding the left shoulder mal-union fracture. The issues of entitlement to increased evaluations for residuals of a left elbow fracture and back strain with degenerative disc disease were not granted.

The Board has remanded the case for additional development, including obtaining private chiropractor records and scheduling a VA orthopedic examination to determine if the Veteran's low back disorder and bilateral hip disorder are related to service or his service-connected disabilities.

The Veteran's sinusitis is manifested by more than six non-incapacitating episodes per year with pressure, pain, headaches, nasal congestion, nose drainage, nasal sores, yellow and green discharge, foul breath, and two episodes requiring antibiotic use. Therefore, a 30 percent evaluation for sinusitis has been granted.

The Veteran's multilevel degenerative changes of the lumbar spine with radiculopathy have been rated at 20 percent since September 27, 2006. The Board found that his current disability does not warrant a higher rating as it has manifested by pain and limited motion.

The Veteran's appeal is remanded due to the need for a current VA examination and additional treatment records.

The Veteran's claims for increased ratings for his service-connected disabilities and for service connection for bilateral hearing loss and tinnitus have been granted.

The Veteran's appeal is being remanded for a travel Board hearing. The issues include service connection for various foot and knee conditions, as well as reopening of previously denied claims.

The Board has granted service connection for degenerative disc disease of the lumbar spine with S1 radiculopathy. The cervical spine and erectile dysfunction claims are remanded due to new theories presented by the Veteran.

The Board has determined that a chronic low back disorder is not currently shown and therefore, service connection for the Veteran's claimed condition cannot be granted.

The Board found that the Veteran's low back disorder did not pre-exist service and was not aggravated by service. However, the current diagnoses of degenerative disc disease and chronic lumbar strain have not been shown to be related to service.

The Board denied the Veteran's claims for service connection for prostatitis and a low back disorder, finding that there is no evidence of current disabilities or objective indications of chronic conditions. The Board also determined that the presumptions under 38 C.F.R. § 3.317 do not apply as his prostate related issues have been attributed to known clinical diagnoses.

The Board denied the appellant's claims for increased evaluation of lumbosacral spine disability, service connection for a right knee disability secondary to his lumbosacral spine disability, and TDIU due to his lumbosacral spine disability. The evidence did not support these claims.

The Veteran's service-connected low back disability is rated at 40 percent effective October 11, 2007. He also receives separate 10 percent ratings for associated radiculopathy in the right and left lower extremities.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 40 percent, effective September 26, 2003. The rating was granted as a direct result of his service-connected condition.

The Board found that new and material evidence had not been received to reopen the claim for service connection for chronic low back syndrome with degenerative disc disease and scoliosis.

The Veteran's claims for an initial evaluation in excess of 20 percent for lumbar strain, service connection for residuals of heat stroke, and service connection for PTSD were denied. The claim for service connection for an acquired psychiatric disorder other than PTSD was expanded to include depression.

The VA determined that the Veteran's current low back disability is not related to his service, and thus denied his claim for service connection.