Back / lumbar spine decisions — 2010

The Veteran's service-connected right elbow arthritis, right knee ligament repair residuals and arthritis, and right ankle fracture residuals have been granted with initial noncompensable evaluations effective July 1, 2005. The RO increased the evaluation for his right elbow arthritis to 10 percent in October 2008.

The Veteran's lumbar spine disability is rated at 10 percent, effective December 1, 2003. His bilateral hearing loss does not meet the criteria for a compensable rating.

The Veteran's appeal is being remanded for additional development due to incomplete examinations and missing treatment records.

The Veteran's diabetes mellitus, type II, is presumed to have been incurred in service due to exposure to herbicides. The Veteran's chronic lumbosacral strain with spondylolisthesis has not manifested any ankylosis or incapacitating episodes requiring physician prescribed bed rest having a total duration of at least 6 weeks during the past 12 months, and thus does not warrant a rating in excess of 40 percent.

The Board found no evidence of a current back disorder related to service, and denied the Veteran's claim for service connection.

The Veteran's claim for a compensable rating for her low back disability and TDIU is being remanded due to the need for additional development, including new examinations and consideration of whether an extraschedular rating is warranted.

The Veteran's appeal is being remanded for a VA examination to determine the nature and etiology of her chronic back disorder, which may be related to service. The Veteran has not been afforded a VA compensation examination for this condition.

The Board has determined that additional development of the claim is necessary due to the need for medical records and a VA examination. The appellant seeks service connection for his low back disorder, which he believes developed as a result of an in-service motor vehicle accident.

The Board has remanded the case for a supplemental VA examination to determine if the Veteran's current back disability is related to service, taking into account his in-service complaints and post-service injury.

The Veteran's claim for service connection for a back disability is being remanded due to the need for additional medical records and further development.

The Veteran's service-connected low back disorder is rated at 40 percent effective November 27, 2009. The burn scars of the left thigh are not assigned a separate rating.

The Board found that the Veteran's arthritis of the lumbar and cervical spine is not shown to be causally related to an in-service injury, and such may not be presumed. As a result, service connection for these conditions was denied.

The Board is remanding the case for further development, including obtaining service records and Social Security Administration (SSA) records.

The Veteran's claim for a higher rating for low back disability was granted, with a 20 percent rating effective March 18, 2005.

The Board has remanded the claim for an increased rating of a low back disability due to insufficient notice and need for additional development.

The Veteran's service-connected disabilities, including PTSD, did not render him unable to secure or follow a substantially gainful occupation prior to December 5, 2007. Effective from that date, the RO granted TDIU.

The Board has remanded the case for additional development due to inadequate examination report and need for an opinion regarding the relationship of the Veteran's diagnosed sacroiliitis to his reported in-service back injury.

The Board has determined that the Veteran's current cervical and lumbar spine disabilities are not related to his service, and thus denied both claims.

The Board has determined that the Veteran does not have current bilateral hearing loss disability for VA compensation purposes and therefore, service connection for this condition is denied. The claims of service connection for a right shoulder disorder and a low back disorder are also denied.

The Board has determined that the Veteran's lumbar spine and left knee disabilities are related to her active service, with symptoms dating back to her time in the military.