Back / lumbar spine decisions — 2010

The Veteran's accrued benefits claims for various conditions were denied. The Veteran did not have service-connected disabilities that resulted in a rating greater than the assigned percentages, and there was no evidence of exposure to herbicide agents or other presumptive conditions.

The Veteran withdrew his appeal for the issues of entitlement to service connection for a right shoulder disorder, an eye disorder, and special monthly compensation based on a need for regular aid and attendance of another person or by reason of being housebound. The issue of entitlement to service connection for a back disorder is remanded.

The Board found that the Veteran's current low back disorder is not related to his active duty service and denied his claim for service connection.

The Veteran's claim for service connection for bilateral hearing loss was denied as the current condition is not related to service. The claims for secondary service connection for back disability, bilateral knee disability, and circulatory condition of the feet are also denied due to lack of evidence linking these conditions to service.

The Veteran's appeal is being remanded for additional examination and consideration due to unclear severity of his service-connected lumbar spine disability, as well as the issue of TDIU.

The Board has remanded the case due to inadequate notice and discussion regarding the credibility of the Veteran's assertions, as well as the application of the presumption of soundness.

The Board has reopened the Veteran's claim for service connection for a low back disability, to include as secondary to his service-connected pes planus. The new evidence submitted includes statements from the Veteran's chiropractor and medical treatises that support a possible link between his current low back condition and his service-connected pes planus.

The Veteran's current degenerative disc disease and spinal stenosis of the lumbar spine were not incurred in or aggravated by active service.

The Board has remanded the Veteran's claims for service connection due to new evidence indicating potential service connection.

The Veteran's lumbar spine osteoporosis is rated noncompensable under the General Rating Formula for Diseases and Injuries of the Spine. The evidence does not show any compensable limitation of motion or other symptoms warranting a higher rating.

The Board has denied the Veteran's claim for service connection for a back disability, finding that there is no evidence to support a link between her current condition and her military service.

The Veteran's cervical spine disability is rated at 60 percent, effective June 26, 1997. The claim for earlier effective date for service connection of right upper extremity radiculopathy is granted and the effective date is set at June 26, 1997. The Veteran is also awarded TDIU.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a new examination. The issues of service connection for back disability, evaluation in excess of 30 percent for paralysis of the left upper plexus, C5-C6, and compensable evaluation for fracture of the left scapula remain on appeal.

The Veteran's claims for increased ratings for arthritic changes of the lumbar spine and PTSD were denied. The Veteran's arthritic changes of the lumbar spine are currently rated at 10 percent, while his PTSD is also rated at 10 percent.

The Board has ordered a remand to search for and obtain VA treatment records from Miami VAMC, which may provide evidence of the Veteran's back disability during service. The case will be readjudicated after these records are located.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative.

The Veteran's lumbosacral strain and sciatica have been rated at the maximum allowable under current criteria. The Board has determined that a higher rating is not warranted based on the evidence of record.

The Board has determined that the Veteran's currently diagnosed degenerative joint disease of the lumbar spine is caused or aggravated by his service-connected degenerative joint disease of the right knee, and thus grants secondary service connection for this condition.

The Board found that the Veteran's left hip, foot, and lumbar spine disabilities were not caused or aggravated by his service or a service-connected disability.

The Board has decided to remand the case for additional development, including obtaining service treatment records and a VA examination.