Back / lumbar spine decisions — 2010

The Board found that the Veteran's current back disabilities were not incurred in service and are not related to his service-connected diabetes. The appeal was denied.

The Board found that the Veteran's cervical spine condition, lumbar spine condition, and headache condition are not related to his active duty service.

The Veteran's claims for service connection and increased rating have been granted, but the effective dates are set at November 2, 2000, for the grant of service connection for residuals of SFW to left leg/calf, and April 10, 1998, for the assignment of a 10% rating for residuals of SFW to right hip.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his service-connected lumbar spine disability and whether separate compensable ratings are warranted for any associated neurological symptoms. The case will be returned to the Board after this development.

The Board has remanded the case due to inadequate examination and opinion regarding the etiology of the Veteran's thoracolumbar spine disorder. The claim will be reconsidered with new evidence and a medical opinion based on review of all records.

The Board has reopened the Veteran's claim of entitlement to service connection for hepatitis C. The case is being remanded to obtain additional medical records and to schedule the Veteran for a VA examination to determine her current gastrointestinal diagnosis/diagnoses, as well as whether any psychiatric diagnoses are related to military service or aggravated by her gastrointestinal disorders.

The Veteran's claim for an increased rating in excess of 20 percent for his lumbar spine disability is being remanded due to the need for additional VA examinations and records.

The Veteran's claim for a higher rating for his service-connected low back disability was denied. The issue of service connection for degenerative joint disease of the bilateral ankles, claimed as secondary to service-connected bilateral shin splints, was also denied.

The Board has determined that the Veteran's right knee and low back disabilities are related to his service-connected left ankle injury, which occurred during active duty in July 2004. As such, these conditions have been granted as secondary to a service-connected condition.

The Veteran's appeal for initial compensable evaluation and increased evaluations were withdrawn prior to the Board's decision. The case is dismissed.

The Veteran's appeal is being remanded for further development, including scheduling VA examinations and obtaining additional medical records. The issues of increased ratings for generalized anxiety disorder with headaches and lumbosacral strain are also being addressed.

The Board has reopened the Veteran's claim for service connection for a low back disability, including spondylosis L5 with grade 1 spondylolisthesis. The evidence shows that the Veteran had preexisting degenerative spine disease which worsened during service and is related to his current condition.

The Board has determined that a remand is necessary to obtain additional medical evidence and provide the Veteran with an opportunity for a VA examination.

The Veteran's service-connected degenerative joint disease and degenerative disc disease of the low back was rated at 10 percent prior to August 12, 2002. The Board found that there was no evidence of more than slight limitation of motion or other compensable symptoms during this period.

The Veteran's low back disability is currently rated at 20 percent, but the Board finds that a higher 40 percent rating is warranted based on his symptoms of paraspinous muscle spasms and limited motion.

The Veteran's service-connected cervical spine and lumbosacral spine disabilities are rated at 30 percent and 20 percent, respectively. The Board finds that the weight of evidence is in approximate balance and with resolution of doubt in favor of the Veteran, granting higher ratings for his disabilities.

The Board has determined that the Veteran does not have a current chronic back disability and therefore, service connection for a back disability is denied.

The Board denied the Veteran's claims for increased ratings for his service-connected degenerative disc disease of the thoracolumbar spine and chronic left ankle sprain, finding that the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Board has ordered the VA to obtain all outstanding records and schedule the Veteran for a spine examination. The appeal will be remanded for further development.

The Veteran's low back disability, evaluated as 40 percent disabling, is not rated higher due to the current evidence of record.