Back / lumbar spine decisions — 2010

The Board has determined that the Veteran's claimed shoulder, hip, and lower extremity disorders are not related to service. The preponderance of evidence does not support a finding that these conditions were incurred during active duty or within one year thereafter.

The Board has determined that an examination is necessary to determine the nature of any current low back disability and its relationship to service. The Veteran's claim will be remanded for further development.

The Veteran's low back pain is not related to his military service and the Board finds that he does not have a disability manifested by low back pain that is related to service.

The Veteran's claims for service connection for a lumbar spine disorder and a left hip disorder, to include as secondary to the lumbar spine disorder, were denied. The Veteran also withdrew his appeals regarding entitlement to service connection for allergies and chronic upper respiratory infections.

The Board found no evidence of a current disability related to service for the Veteran's back and hip disorders, and thus denied her claims.

The Veteran seeks service connection for a neck disability, which he claims is related to his service-connected lumbar spine condition. The Board has determined that additional development is needed due to the complexity of the issues and potential need for medical examination.

The Board denied the Veteran's claims for increased ratings for his right and left knee disorders, lumbar sprain, recurrent kidney stones, and headaches. The Veteran was granted an initial compensable rating of 10 percent for headaches effective June 26, 2009.

The Veteran's DDD is not manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, a combined range of motion of the thoracolumbar spine not greater than 120 degrees, or muscle spasms or guarding severe enough to result in abnormal gait or abnormal spinal contour. Therefore, his DDD does not meet the criteria for a rating in excess of 10 percent.

The Veteran's claims for service connection for right hip disorder, arthritis of the right lower extremity, and arthritis of the right ankle as secondary to his service-connected mechanical low back strain were denied.,His claim for a separate disability rating for arthritis of the back was also denied. The RO granted him an increased disability rating for radiculopathy of the right lower extremity.

The Veteran's claims for higher initial ratings for his service-connected low back condition, bilateral knee conditions, and ankle disabilities have been denied. The VA examiners found that the Veteran's range of motion did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that there is no current evidence of the claimed disabilities and thus service connection cannot be granted for any of the Veteran's claims.

The Veteran's claim for an increased initial evaluation for his service-connected degenerative disc disease of the lumbosacral spine is being remanded due to the need for additional examination and consideration of extraschedular rating.

The Veteran's service-connected low back strain is currently evaluated as 10 percent disabling. The Board finds that the evidence does not meet the criteria for a higher rating.

The Veteran withdrew his appeal for an increased rating of his low back disability, resulting in the dismissal of this issue.

The Veteran's appeals for increased ratings and service connection claims have been withdrawn. The Board has dismissed the appeals due to withdrawal.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. His claims for higher ratings and service connection remain pending.

The Veteran's informed consent prior to the lumbar fusion surgery was deemed adequate. The Board denied compensation under 38 U.S.C.A. § 1151 for hardware failure and associated back pain post-surgery.

The Board granted service connection for a disability of the lumbar spine including arthritis as secondary to service-connected bilateral pes planus and assigned a 30 percent rating effective from April 4, 2006. The Veteran's bilateral pes planus was also granted an increased evaluation to 30 percent.

The Veteran's claim for TDIU is granted, effective February 2, 1998. Service connection for depression was granted with a 20% disability rating and an effective date of February 9, 1999.

The Veteran's claims for service connection for residuals of a lumbar spine injury, left hip disability, and left leg radiculopathy have been granted.