Back / lumbar spine decisions — 2010

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the etiology of his heel spurs and the severity of his service-connected lumbar spine disability.

The VA denied the Veteran's claims for higher initial ratings for lumbosacral spine DDD and cervical spondylosis, finding that his conditions did not warrant a rating in excess of 10%.

The Board has denied the Veteran's claims for increased evaluations and service connection, finding that his lumbar strain does not warrant a rating higher than 20 percent.

The Veteran's left hip pain is found to be secondary to his service-connected degenerative disc disease of the lumbar spine, and thus service connection for sciatica of the left lower extremity is granted.

The Board denied service connection for a skin disability, left heel bone cyst, spinal stenosis, and arthritis of the lumbar spine. The Veteran's claims were not based on exposure to herbicides or any other presumptive conditions.

The Board has determined that the Veteran's lumbar arthritis is service-connected, but her claim for chronic fatigue was denied as there is no evidence of a current disability.

The Board finds in favor of the Veteran on all three issues: bilateral hearing loss, tinnitus, and a back disability. The evidence supports a finding that these conditions were incurred during service.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for a lumbar spine condition claimed as due to Magnetic Resonance Imaging (MRI) studies conducted in May 2002. The Board has remanded this issue for further development, including obtaining medical records and opinions.

The Veteran seeks entitlement to automobile and adaptive equipment or adaptive equipment only due to his service-connected lumbar degenerative disc disease with moderate left lower extremity S1 radiculopathy. The Board has decided the case requires further examination and development.

The Board has determined that a new VA examination is needed to address whether the Veteran's back disability, if present, is due to or aggravated by his service-connected knee disabilities. The appeal will be remanded for this purpose.

The Veteran's appeal has been dismissed due to the death of the appellant. The Board had no jurisdiction to adjudicate the merits of this claim.

The Veteran does not have additional disability as a result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA in furnishing surgical treatment in February 1999, and the results of the surgery were reasonably foreseeable.

The Board has remanded the case due to inadequate VA examinations and needs further development before a final decision can be made.

The Veteran's lumbar spine strain is rated at 20 percent, effective July 8, 2005.

The Board denied service connection for degenerative changes of the lumbar spine with spina bifida occulta, finding that there was no evidence linking the current disability to service.

The Veteran's claims for increased ratings for his low back disability and associated left leg nerve impairment were denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine limited to 30 degrees or less, nor did it show incapacitating episodes with a total duration of at least 4 weeks in a prior 12 month period for his low back disability. For his left leg nerve impairment, there was no separate rating assigned as he already had a separate rating for the condition.

The Board has reopened the Veteran's claim of service connection for a low back disorder and bilateral knee disorder, finding that new and material evidence has been received. The Board also found that these disorders are secondary to his service-connected cold injury residuals.,Service connection is granted for a low back disorder and bilateral knee disorder as they are considered secondary to the Veteran's service-connected cold injury residuals of the feet.

The Veteran's claims for increased evaluations were denied. The Board found no evidence of ankylosis or malunion of the tibia and fibula, which would warrant higher ratings under applicable diagnostic codes.