Back / lumbar spine decisions — 2010

The Veteran is seeking DIC benefits under 38 U.S.C.A. § 1151 for additional low back disability resulting from a VA surgical procedure in August 2002. The Board has determined that further development, including obtaining medical records and arranging for an examination, is necessary to properly adjudicate the claim.

The Board has reopened the Veteran's claim for service connection for a back disorder and found that new evidence, including VA and private treatment records, lay statements, and written statements from the Veteran, raises a reasonable possibility of substantiating his claim. The Board also found that the current disability is related to service.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, and providing the Veteran with a VA examination to assess his claimed conditions.

The Veteran's appeal for service connection for left shoulder injury secondary to his service-connected lumbosacral strain with degenerative joint disease has been withdrawn.

The Veteran's claims for service connection for right ear hearing loss, bilateral tinnitus, and a back disability have been denied as there is no evidence of current disabilities or a nexus to service.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his back disability, as recent medical documentation indicates that his condition may have worsened since the last examination in July 2007.

The Veteran's service-connected disabilities (primarily his peripheral neuropathy of the lower extremities) have resulted in the permanent loss of use of both legs, as no effective function remains other than that which could be equally well served by below-the-knee amputation stumps with use of a suitable prosthetic appliance. Therefore, assistance for the purchase of an automobile and adaptive equipment has been granted.

The Board has remanded the case for further development due to insufficient evidence regarding service connection claims and a need for medical examinations.

The Veteran's degenerative changes of the thoracic spine with low back strain are currently rated at 40 percent, effective May 31, 2006. The RO has recognized a single disability for his thoracolumbar spine under the revised rating criteria.

The Board denied the Veteran's claims for service connection for degenerative disc disease and joint disease of his lumbosacral spine, as well as a compensable disability rating for his service-connected lumbosacral strain. The Board found that these conditions did not have onset during active service or were caused by his service-connected lumbosacral strain.

The Board found no evidence of a right thigh, low back, or hip disability that began during the Veteran's active service. The Board also found no evidence to support reopening her claims for these disabilities based on new and material evidence. As such, the Board denied the Veteran's claims for service connection.

The Board has remanded the Veteran's claim of service connection for a low back disability due to insufficient evidence and need for further examination.

The Board denied the Veteran's claims for service connection and initial compensable ratings, finding no evidence of additional symptomatology beyond some pain at the operative scar site. The claim for an increased rating for residuals of appendectomy was also denied.

The Board finds that the Veteran's current back disability is causally related to his military service and grants service connection for a back disability.

The Veteran's service connection claim for fibroid/leiomyomatous uterus with anemia, status post abdominal hysterectomy and right salpingo-oophorectomy is granted. The Board finds that the current gynecological disorders are related to military service.

The Board found that the Veteran's lumbar spine disability was not incurred in or aggravated by his active service and is not proximately due to or the result of his service-connected bilateral knee disabilities.

The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Board denied the Veteran's claims of service connection for a back condition and insomnia as secondary to a back condition, finding no evidence linking these conditions to his active duty.

The Board is remanding the case due to inadequate notice provided by the RO and for obtaining VA treatment records from El Paso.

The Veteran's claim for special monthly compensation at the housebound rate has been denied as he does not meet the criteria for this benefit.