Back / lumbar spine decisions — 2010

The Veteran's claim for an increased rating for his fracture of the 3rd sacral vertebra with chronic lumbosacral strain was denied. The disability is currently rated at 20 percent.

The Board has remanded the case due to incomplete service treatment records and the need for additional notice regarding disability ratings and effective dates.

The Board found that the Veteran's diabetes, hypertension, left knee disorder, and low back disorder were not incurred or aggravated by active duty service. The pre-existing conditions were known upon entry into service in 2003.

The Veteran's cervical spine disability is rated at 40 percent, effective from June 10, 2008. The lumbar spine disability has been rated as 40 percent since that date. The ulnar radiculopathy of the left upper extremity and right lower extremity disabilities are each rated at 10 percent. Bilateral hearing loss is not service-connected.

The Veteran's service-connected sarcoidosis is currently rated as 10 percent disabling. The Board finds that the evidence does not support a higher rating for this condition, and thus denied an increased evaluation.

The Veteran's appeal is being remanded for additional development, including VA examinations and consideration of the amended criteria for rating traumatic brain injuries.

The Board has granted service connection for depression as secondary to the Veteran's service-connected patellofemoral syndrome of the right knee, and denied service connection for a back disorder.

The Board has denied the Veteran's claims for service connection for an upper back condition, a bilateral ear condition, and high cholesterol. The Veteran does not have current evidence of these conditions.

The Veteran's appeal is being remanded for additional development of her service-connected disabilities, including examinations and consideration of new evidence.

The Board has granted service connection for a left knee disorder, but denied service connection for a lumbar spine disorder and bilateral hip disorder. The Veteran's current left knee disorder is related to his service-connected right knee disability. However, the evidence does not support a finding of an in-service injury or disease for his lumbar spine and bilateral hip disorders.

The Veteran's appeal has been withdrawn due to the appellant's request for withdrawal.

The Board has remanded the case for additional development to obtain relevant medical records and ensure that all due process rights are protected.

The Veteran's claim for a rating in excess of 40 percent for degenerative disc disease (DDD) of the thoracolumbar spine was denied. The Veteran also had a compensable rating for bilateral hearing loss, but no effective date is provided.

The Board has determined that an examination and medical nexus opinion are necessary to properly resolve the Veteran's claim of entitlement to service connection for a back condition.

The Board has determined that a remand is necessary to determine the Veteran's need for aid and attendance due to service-connected disabilities, as well as his eligibility for specially adapted housing or special home adaptation grants.

The Veteran's appeal has been withdrawn due to his request for a hearing, and the Board finds that there are no remaining issues for appellate consideration.

The Veteran's service-connected disabilities, specifically her chronic low back disorder and lower extremity radiculopathies, have rendered her in need of regular aid and attendance. The Board has determined that she meets the criteria for special monthly compensation based on this need.

The Board has denied the Veteran's claims of service connection for diabetes mellitus, bilateral hearing loss, degenerative disc disease of the lumbar spine, and Crohn's disease. The evidence did not establish a nexus between these conditions and active duty service.

The Board denied the Veteran's claims for service connection for a psychiatric disorder, low back disorder, and gastroesophageal reflux disease (GERD), to include acid reflux and a hiatal hernia.

The Veteran's claims for service connection were denied, and the increased rating and TDIU claims were also denied. The Board remanded these matters for further development.