Back / lumbar spine decisions — 2010

The Veteran's appeal involves claims for service connection and increased ratings related to his lumbar spine disability, including polyneuropathy of the right lower extremity. The Board has determined that additional development is needed due to insufficient evidence regarding whether the Veteran's current symptoms are related to his service-connected conditions.

The Board has reopened the Veteran's claims for service connection for a left hip disability and bilateral plantar keratomas, but finds that additional development is needed before considering these issues on their merits. The claim for service connection for a low back disability also requires further development.

The Board has determined that new and material evidence has not been received to reopen the claims of service connection for dental trauma, low back disability, and an acquired psychiatric disorder. The original denials were based on a lack of evidence showing these conditions in service.

The Board has decided to remand the case for further development, including a VA examination and consideration of new evidence.

The Veteran's combined service-connected disability rating is 100%, but he does not meet the criteria for a certificate of eligibility for specially adapted housing or a special home adaptation grant due to his inability to walk without assistance.

The Board found that the Veteran's lumbar spine disorder is not related to his service-connected residuals of a shell fragment wound and thus denied the claim for secondary service connection.

The Board found that the Veteran's current lumbar spine disability is not related to active service and that arthritis did not initially manifest during service or within one year after discharge from service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and service personnel records from his National Guard service.

The Board denied service connection for lumbar spine stenosis, finding that the Veteran's back disability was not caused or aggravated by his service-connected malaria and did not manifest during service.

The Board has remanded the case for further development and adjudication. The Veteran is required to provide information about his employment with Eaton Corporation and the U.S. Postal Service, including dates and relevant information.

The Board found that the Veteran's claims of service connection for left knee disability, low back disability, hypertension, and acquired psychiatric disorder were not supported by evidence showing a direct relationship to his military service. The conditions did not meet criteria for presumptive service connection based on exposure to herbicides or other factors.

The Board has remanded the case for further development due to the need for a new examination and consideration of additional evidence.

The Veteran's claims for increased ratings for her service-connected diverticulosis, degenerative disc disease, L5-S1, and major depressive disorder were denied. The Veteran was currently rated at 10 percent for each condition.

The Board denied service connection for degenerative arthritis of the lumbosacral spine as secondary to left knee and/or left hip strain.

The Veteran's claims for service connection were denied. Bilateral hearing loss was not shown until many years after service, and the preponderance of the competent evidence of record is against a finding that the currently diagnosed condition is related to active duty service. The low back disability was not incurred in or aggravated by active service and was not caused or aggravated by a service-connected left ankle fracture with degenerative joint disease. The Veteran's request for withdrawal on his claim for residuals of a hiatal hernia was granted.

The Veteran's appeal is remanded for further evidentiary and procedural development, including obtaining private medical records and scheduling a VA examination to assess the severity of his service-connected low back disability.

The Veteran's claim for service connection for degenerative disc disease of the cervical and thoracolumbar spine with radicular symptoms to the upper and lower extremities is being remanded due to the need for additional evidence, including Social Security Administration records, VA outpatient treatment records, and clinical records from healthcare providers who have treated him for spine symptomatology.

The Board has determined that the Veteran's claims for increased ratings for thoracolumbar strain and athlete's fungal infection of the feet are not supported by evidence showing they warrant a higher rating under VA regulations.

The Veteran's service-connected cervical spine disability is currently rated at 30 percent, and the Board has determined that a higher rating is not warranted. The claim for TDIU was granted.

The Veteran's claims for increased ratings for degenerative joint disease of the lumbar spine, right knee, tendonitis of the right shoulder and wrist, hemorrhoids, and gastroesophageal reflux disease (GERD) from March 1, 2008 were denied as his conditions did not meet the criteria for a higher evaluation.