Back / lumbar spine decisions — 2010

The Board found that the Veteran's lumbar strain does not warrant a higher than 20 percent disability rating. The Veteran was denied entitlement to TDIU due to lack of meeting schedular criteria for consideration under 38 C.F.R. § 4.16(a).

The Veteran's claims for service connection for asbestosis and stable mediastinal lymphadenopathy have not been established. The Board has also determined that the Veteran's current lung condition is not likely related to his military service.

The Veteran's claim for service connection for a left ankle disorder is denied as he does not have a current diagnosis of this condition. His claims for higher ratings for low back disability and PTSD are remanded due to the significant delay in adjudication.

The Veteran's PTSD, lumbar spine disability, and obstructive sleep apnea have been granted initial ratings of 50 percent each effective May 10, 2007.

The Veteran's claim for an earlier effective date for the grant of service connection for chronic lumbar syndrome, bilateral radiculopathy, and central disc protrusion was denied. The Board found that the earliest effective date assignable is May 13, 1994.

The Board denied the Veteran's claims for service connection for a back condition and bilateral hearing loss, finding no new and material evidence to reopen the claims.

The Board found that the Veteran's current lumbar spine degenerative disc disease is less likely as not related to his service, and denied his claim for service connection.

The Veteran's claims for service connection and TDIU are being remanded due to the need for additional development, including a search for records related to an alleged Jeep accident in Korea.

The Veteran's claims for service connection are being remanded to allow for further examination and opinion regarding the relationship between his current disabilities, including head injury, back disability, shoulder disorders, cervical spine disorder, and tinnitus, and his active service.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for a skin disorder, psychiatric disability, and back disorder. The evidence submitted does not relate to an unestablished fact necessary to substantiate these claims.

The Board finds that the Veteran's low back disability began in service and is related to his active duty, granting service connection.

The Board found that the Veteran's back disorder was not aggravated by his military service and denied his claim for service connection.

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

The Veteran's lumbosacral spine disability is not rated higher than 40 percent due to lack of findings of ankylosis, intervertebral disc syndrome (IVDS), or other disabling conditions. The appeal for service connection on the merits was denied.

The Board found that the Veteran's current low back disability is not related to service, including his in-service injury. The claim for service connection was denied.

The Board has remanded the case for additional development, including obtaining SSA records and arranging for an examination to determine if the appellant's back disability is related to his March/April 1981 injury.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a VA examination to determine the etiology of his claimed back and neck disabilities.

The Board has remanded the case for further development, including obtaining Social Security records.

The Board has decided to remand the case for additional development, including obtaining service treatment records and state disability benefits records. A VA examination is also required to determine if any current back disorder may be linked to service.

The Veteran's claim of an increased disability rating for his service-connected lumbar spine disability is being remanded due to the need for a new VA examination and consideration of additional evidence.