Back / lumbar spine decisions — 2010

The Board has granted service connection for an anxiety disorder and a lumbar spine disability, finding that the Veteran's current psychiatric problems and back issues are related to his in-service misdiagnosis of retinitis pigmentosa and injury during service. The effective date is not specified.

The Veteran's service connection claims for hypothyroidism, including Graves' disease, and a low back disorder are granted. The Veteran was first diagnosed with these conditions during her active duty service.

The Board has determined that the Veteran's current lumbar spine disability is related to his active service, and thus grants service connection for this condition.

The Veteran's lumbosacral and thoracic strain with degenerative changes is currently rated at 10 percent, which is the maximum schedular rating available. The RO denied his claim for an increased evaluation.

The Board has determined that the Veteran's death was caused by a service-connected disability, specifically his old C1-2 fracture and resulting degenerative changes in his spine. The Board granted service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's left knee disability, PTSD, acquired psychiatric disorder (anxiety and depression), headaches (residuals of head injury), low back disability, hearing loss, and tinnitus were not incurred in or aggravated by service.

The Veteran's service-connected disabilities, including severe back pain and limited mobility, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that the criteria for a TDIU rating are met.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's low back disability and a need for additional development.

The Veteran's claims for increased evaluations of his service-connected disabilities were granted, with the effective date being May 20, 2008.

The Board denied the Veteran's claim for service connection for a chronic low back disability with residuals of lumbar laminectomy, finding that there was no evidence to support his contention and concluding that any current low back disability is not related to service.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound, as he is able to perform basic self-care functions and does not require substantial confinement.

The Board denied the claim that compensation for service-connected low back disability should not be withheld due to the Veteran's receipt of separation pay.

The Board found no evidence of a back disorder during service or within one year after separation, and the VA examiner concluded that the Veteran's current degenerative disease is less likely as not caused by an injury in service. The appeal was denied.

The Veteran's service-connected lumbosacral scar is rated at 10 percent, the maximum under current regulations. The Board finds that the evidence does not support a higher rating.

The Board has remanded the case for further development and adjudicative action due to outstanding records from Eaton Corporation and the United States Postal Service, as well as potential service connection issues related to the Veteran's right knee disability.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the Veteran's claim for service connection for a back condition is remanded due to inadequate notice and need for further medical examination.

The Veteran's claim for service connection for hypertension was denied as there is no evidence of hypertension during or after service. The Board also found that the Veteran does not have a current diagnosis of back disability, and thus cannot grant service connection for this condition.

The Veteran's appeal is being remanded for additional development, including a new VA examination and consideration of his claims for TDIU.

The Veteran's hypertension was reduced from 20% to 10%, effective April 5, 2006. His lumbosacral spine disorder remains at a 20% evaluation.