Back / lumbar spine decisions — 2010

The Board has remanded the case for a hearing at the appellant's local regional office.

The Veteran's claim for a rating in excess of 40 percent for low back pain due to osteochondroma, status-post excision of L4 tumor and L5-S1 diskectomy with L5 hemilaminectomy was denied. The current rating of 40% is the maximum available under the applicable diagnostic codes.

The Veteran's claim for an initial disability rating in excess of 20 percent for lumbar degenerative disc disease is denied. The Board finds that a new VA examination is necessary to determine the current severity and extent of his service-connected condition.

The Veteran seeks service connection for right hip arthritis, left hip arthritis, and a low back disability. The Board finds the VA examination inadequate and remands the case for further development.

The Board found no evidence of a low back disability during service and denied the Veteran's claim for service connection. The Board also found that there is insufficient medical evidence to establish a link between avascular necrosis of the bilateral hips and service, specifically noting the lack of any in-service complaints or treatment related to hip pain.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on aid and attendance or housebound status.

The Board found no evidence linking the Veteran's current nervous disorder or back disability to his military service, including his time in Vietnam. The claim for service connection was denied.

The Veteran's claim for an increased initial disability rating for his service-connected chronic lumbosacral strain with degenerative disc disease is being remanded due to the need for additional examinations and evaluations.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a low back disability. The claim is now considered on its merits.

The Board has determined that the Veteran's low back disability is related to service, and his bilateral hearing loss disability is not shown by the evidence of record. Service connection for low back disability is granted, while service connection for bilateral hearing loss is denied.

The Board has remanded the case for additional development to determine if service connection should be granted for hypertension, gout, right knee disorder, low back disorder, and psychiatric disorder (PTSD).

The Veteran's cervical spine and low back disabilities are not service-connected. The claim for PTSD is denied as there is no credible evidence of an in-service stressor. The right knee ACL tear does not warrant a compensable rating, and the TDIU claim is also denied.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination.

The Board denied the Veteran's claims for increased ratings for his service-connected back disorder and otitis media, as well as his claim to reopen a previously denied claim of service connection for tension headaches. The Board also denied his TDIU claim.

The Board denied entitlement to extraschedular evaluations for cervical strain and lumbar strain, finding that the symptoms were fully contemplated by the schedular rating criteria.

The Board found that the Veteran's current back disability is not related to his service and denied his claim for service connection.

The Veteran's low back disability is rated at 20 percent, but does not meet the criteria for a higher rating under the applicable diagnostic codes. The other conditions have also been evaluated and do not warrant increased ratings.

The Board has determined that the Veteran's current right knee, left knee, and low back disabilities are not related to her service or any service-connected conditions. The claims for service connection have been denied.