Back / lumbar spine decisions — 2010

The appellant withdrew his appeal regarding the claim of entitlement to an effective date prior to October 23, 2002, for a grant of service connection for lumbar degenerative disc disease.

The Veteran's tinnitus and back disability are both found to be related to service, with the Board granting service connection for both conditions.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and peripheral neuropathy, are found to be so severe that they prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's claims for service connection were denied. The Board found no evidence of a current disability and could not establish a link between any claimed conditions and service.

The Veteran's bilateral hearing loss is not related to his active duty service. The Board finds that the Veteran's back and bilateral knee conditions are secondary to his service-connected left foot plantar keratosis.

The Board has remanded the case due to the need for additional evidence regarding the Veteran's treatment records from Dr. Webster and Wilmington Health Associates, as well as a VA medical opinion on whether the service-connected lumbar spine disability contributed to the Veteran's death.

The Veteran's claims for increased ratings for spondylolisthesis and L5-S1 radiculopathy were denied. The RO granted a 40 percent rating for spondylolisthesis effective from February 24, 2006.

The Board denied service connection for a back disability and sleep apnea, finding no evidence of such conditions during or immediately after service. The Veteran's current symptoms were not shown to be related to his military service.

The Veteran does not currently have any of the claimed conditions and there is no service connection granted for any condition.

The Veteran's degenerative joint disease of the lumbosacral spine was granted a 10 percent evaluation prior to June 24, 2009 and denied any higher rating since that date.

The Veteran's service-connected disabilities, including spondylolisthesis L5-S1 with secondary myositis of dorsal and lumbar paravertebral muscles; myositis of the cervical paravertebral muscles; spondylolisthesis L5-S1 with secondary myositis of the cervical dorsal lumbar paravertebral muscles; residuals of fracture of the right clavicle with deformity; and duodenal ulcer disease with duodenitis, meet the schedular requirements for a TDIU. However, VA has not determined whether these disabilities alone preclude her from obtaining or engaging in substantially gainful employment.

The Board found that hepatitis C was not incurred in or aggravated by active duty, and denied the claim. For the low back disability, there is conflicting evidence regarding its current severity and etiology, necessitating further examination.

The Board found that the Veteran's current low back disability did not begin in service and is not related to his service-connected right knee disability, thus denying his claim for service connection.

The Veteran's claims for service connection for various conditions, including prostate cancer, hypothyroidism, sterility, vision disorder, heart disease, blood disorder, gastrointestinal disorder, and radiation burns, are denied as there is no competent medical evidence showing a relationship between these conditions and exposure to ionizing radiation during active service.

The Veteran's claims for increased ratings were granted, with the cervical spine disability receiving a 20% rating effective from January 19, 2009. The lumbar spine and right tibia/fibula fracture disabilities each received a 20% rating.

The Board denied service connection for a low back disability and the claim of residuals of circumcision. The Veteran's current low back disability is not considered to have had its onset during service, nor was it found to be related to an injury or disease in service.

The Board has remanded the case for additional development, including a VA examination and VCAA notice.

The Board has granted service connection for a low back disorder, finding that the Veteran's pre-existing condition was aggravated by active duty service.

The Veteran's claim for TDIU is being remanded due to the need for clarification regarding which service-connected disability causes his unemployability and whether there are any other factors that may affect his employability.

The Board denied the Veteran's claims for service connection for GERD and a back disability, finding that there was no evidence to support a direct relationship between these conditions and his military service.