Back / lumbar spine decisions — 2010

The Veteran's appeal is being remanded due to the need for a Board video conference hearing. The original issues on appeal were denied, but the Court of Appeals for Veterans Claims (CAVC) vacated the decision and ordered readjudication.

The Veteran's claims for service connection for generalized arthritis and gout were denied. The low back disability was granted a higher evaluation.

The Board found that the Veteran's right, left knee disabilities and back disability were not caused or made worse by his service-connected pes cavus with callosities. The fall in 1973 is considered the primary cause of these conditions.

The Board finds that the Veteran's left knee osteoarthritis is incurred due to active service, and his low back disability is not attributable to service. The claim for a low back disability must be remanded.

The Board has ordered the VA to obtain additional medical records from Blanchfield Army Community Hospital and Peterson Air Force Base for further review of your claims.

The Veteran's claim for service connection for a chronic back disorder is being remanded due to the need for additional service treatment records and private medical records.

The Board denied the Veteran's claims for service connection for various conditions, including right foot pes planus, left hip disability, cervical spine DDD, shoulder and upper extremity disabilities, lumbar spine DDD, bilateral knee disability, lower extremity nerve disability, fibromyalgia, and left ankle disability. The appeals were based on the submission of new and material evidence.

The Veteran's service-connected conditions do not prevent him from securing or following substantially gainful employment.

The Board denied increased ratings for the Veteran's service-connected fractured right ankle with degenerative joint disease and degenerative disc disease of the lumbosacral spine, finding that the evidence did not warrant a higher rating based on current symptoms.

The Veteran's service-connected lumbar spine disability is rated at 40 percent, effective December 22, 2008. The Veteran's residuals of pilonidal cystectomy are not considered for rating purposes as they do not meet the criteria for a separate disability rating.

The Board has decided that further development is necessary before the claim for service connection for a back condition can be adjudicated.

The Board has reopened the claim of service connection for a lumbar spine disorder, as new and material evidence has been submitted. Service connection is granted for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA and SSA records and scheduling a VA examination to determine the nature and etiology of his current neck, upper back, and low back disabilities.

The Board has remanded the case for additional development, including obtaining VA records and scheduling examinations to address the Veteran's claims.

The Veteran's appeal is being remanded for additional development, including scheduling of VA examinations to determine the nature and etiology of his claimed disabilities.

The Veteran's bilateral hearing loss and tinnitus are related to service, while his low back disability and sleep disorder do not have a direct link to service.

The Board found that the Veteran's right hip and lumbar spine disabilities were not incurred or aggravated by his service, nor are they proximately due to or the result of any disease or injury in service. The evidence does not support a finding of service connection for these conditions.

The Veteran's service-connected lumbar spine disability is rated at 40 percent after May 15, 2009. He also has separate ratings for incomplete sciatic nerve paralysis of the right and left lower legs, as well as urinary frequency.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling examinations to assess the severity of his service-connected lumbar spondylolisthesis with fusion of L5-SI and neurological deficit of the right lower extremity.

The Veteran's degenerative joint disease of the lumbar spine and associated radiculopathy are currently rated at 10 percent, with no higher rating granted.