Back / lumbar spine decisions — 2010

The Board has remanded the case to the RO for additional development, including obtaining records of medical treatment during active duty in West Germany and psychiatric hospitalization at Fort Hood.

The Board denied the Veteran's claims for service connection for lumbar spine, right shoulder, left shoulder, right knee, right lower extremity, and left lower extremity disabilities. The evidence did not establish that these conditions were incurred or aggravated by military service.

The Veteran's claim for service connection for bilateral hearing loss is granted. The Board finds that the evidence is at least in equipoise as to whether the Veteran's current hearing loss was caused by service, including significant noise exposure during her military career.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's appeal for a higher rating on his SP discectomy and lumbar fusion with degenerative disc disease of the lumbar spine has been withdrawn.

The Board has reopened the claims for service connection for a low back disorder and headaches, as new and material evidence has been received. The claim for service connection for headaches is granted.

The Veteran's claims for increased evaluations and service connection have been denied. The initial evaluations for the claimed conditions are not supported by the evidence of record.

The Veteran's claims for increased ratings for his low back disability, acquired equinus of both feet, and radiculopathy of the right lower extremity are being remanded due to a lack of recent VA examination records and potential need for further development.

The Board has found new and material evidence to reopen the Veteran's claims for service connection for right elbow disorder, bilateral wrist disorder, right arm injury, low back disorder, left elbow disorder, and neck disorder. The effective date of these decisions is not specified.

The Veteran's claims for increased ratings for right ankle sprain, right knee strain with arthritis, and lumbosacral arthritis and sacroiliac dysfunction with right radiculopathy were denied. The RO found that the Veteran did not meet the criteria for higher disability ratings under applicable VA rating criteria.

The Board has reopened the Veteran's service connection claim for a cervical spine disorder and granted an increased rating of 70 percent for his lumbar degenerative disc disease, effective from when the new evidence was received.

The Veteran's claims for increased ratings for hiatal hernia and low back disability were denied. The claim for service connection for retinitis pigmentosa was previously denied in July 1981, with no new and material evidence submitted since then.

The Veteran's claims for a higher evaluation for his back disability and TDIU are being remanded due to the need for additional development, including another VA examination.

The Veteran withdrew her appeal for service connection for bilateral hearing loss, flat feet, a bilateral knee disorder, a female internal organ disorder, and incontinence prior to the Board's decision.

The Board has determined that additional VA treatment records need to be obtained, and a VA examination is required to determine the nature and etiology of the Veteran's bilateral hearing loss and low back disorder. The claims are being remanded for these purposes.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims of service connection for depression and a back disorder. The claim for depression was denied as it is not related to his military service or a service-connected condition, while the claim for a back disorder lacks sufficient evidence to establish its onset during service.

The Board has determined that the Veteran's bilateral hearing loss, low back disability, residuals of left ankle sprain, and lung disability were not incurred or aggravated by service. The evidence does not support a finding of service connection for these conditions.

The Veteran's low back disability is rated at 20 percent, and his left and right knee disabilities are each rated at 10 percent. These ratings have been granted.

The Board has reopened the appellant's claims for service connection and compensation under 38 U.S.C. § 1151, but these issues are REMANDED to obtain further development.