Back / lumbar spine decisions — 2010

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and scheduling a VA examination to assess the current severity of his service-connected lumbar spine, left hand, and left shoulder disabilities.

The Board has determined that further examination and medical opinion are needed to resolve the claims for service connection due to in-service complaints of right knee and back pain, as well as post-service findings.

The Veteran's service-connected total right knee replacement, osteoarthritis of the lumbar spine, and osteoarthritis of the left knee are currently rated at 40%, 20%, and 10% respectively. The Board finds that these ratings adequately reflect the severity of his disabilities.

The Board has determined that the Veteran's degenerative joint disease with lumbar stenosis and radiculopathy of the right lower extremity are service-connected, as they are related to his in-service low back pain.

The Board has determined that the Veteran does not have a current bilateral ear disorder or degenerative changes in his lumbar spine, and there is no evidence of such disorders during service. The claim for service connection for these conditions is denied.

The Board has granted service connection for major depressive disorder with anxiety and denied service connection for a back disability, finding that the Veteran's current conditions are not related to his military service.

The Board has denied the Veteran's claims for service connection for a low back disorder and bilateral shoulder disability, finding no evidence of in-service injury or disease related to these conditions. The cervical spine spondylosis is attributed to natural aging process.

The Board denied reopening a claim for service connection for prostate problems and found that the Veteran does not have arthritis of the lumbar spine related to service. The claim for prostate disability was denied due to lack of new and material evidence, while the claim for arthritis of the lumbar spine was also denied.

The Veteran's low back disability, manifested by a chronic lumbar sprain with spondylosis and Paget's disease of the spine, is found to be related to his military service. His left hip avascular necrosis has been granted an increased rating from January 12, 2009 onward.

The Veteran's service-connected eye disability (photophobia) and degenerative disc disease at L5-S1 are not supported by the evidence of record. The Board finds that there is no current, identifiable pathology associated with his complaints of photophobia or any impairment due to his degenerative disc disease.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine, claimed as a back disorder, is being remanded due to the need to obtain additional medical records and consider new evidence.

The Veteran's initial evaluation for degenerative arthritis and degenerative disc disease of the lumbar spine was increased to 40 percent effective January 5, 2006. His claim for incomplete paralysis of the right lower extremity remains unresolved.

The Veteran's appeal is being remanded due to the need for additional development, including a new VA examination and issuance of an SOC regarding his right lower extremity claudication claim.

The Veteran's claim for increased ratings for service-connected lumbar spondylosis with degenerative disc disease was denied. The initial rating prior to February 8, 2007 was found not to meet the criteria for an increase in disability compensation. From February 8, 2007, the criteria were also not met.

The Board found that the Veteran does not have a low back disability that had onset during his active service or is etiologically related to his active service.

The Veteran's claims for increased ratings for lumbar strain, left ankle fracture, and left axonal sensory neuropathy were denied as the evidence did not meet the criteria for a higher evaluation.

The Board has remanded the case for additional development, including obtaining SSA records and issuing a supplemental statement of the case.

The Veteran's claim for service connection for degenerative disc disease and degenerative joint disease of the lumbar spine was denied as there is no competent evidence or opinion that there exists a medical nexus between her current low back disability and her military service or her service-connected osteoporosis.

The Board has dismissed the appeal because a timely substantive appeal was not received within the required time frame.

The Veteran's right shoulder disorder is not service connected, and his lumbar strain with degenerative joint disease has been rated appropriately based on the evidence of record.