Back / lumbar spine decisions — 2010

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and providing a VA medical examination.

The Veteran's service-connected lumbosacral strain is rated at 10 percent, and the issues of service connection for cervical spine disability and right upper extremity radiculopathy are denied.

The Board has granted service connection for the Veteran's low back disability, finding that it first manifested during active service and is related to his military service.

The Board has determined that the Veteran's left shoulder disorder is related to his military service and granted service connection for this condition. The back disorder claim remains pending as it was not addressed in the March 2007 rating decision.

The Veteran's pre-existing lower back disorder was aggravated by active service, and the Board has granted service connection for this condition.

The Veteran's claims for service connection for right hand, shoulder, and back conditions were denied as there was no evidence of in-service injury or disease. The claim for nonservice-connected pension benefits was also denied due to lack of qualifying wartime service.

The Veteran's claim for service connection for residuals of a low back injury is being remanded due to the need for additional development, including a VA examination.

The Veteran's claims for initial compensable ratings for residuals of a left distal tibial stress fracture with muscle strain, low back strain, and migraine headaches have been granted. The effective date is not specified as the claim was initially filed.

The Veteran's claims for increased ratings for his right ankle, right knee, and lumbar spine disabilities have been denied as there is no evidence of marked limitation of motion or instability in the joints that would warrant a higher rating.

The Veteran's claim for a higher rating prior to August 30, 2007 was granted. The issue of a rating in excess of 20 percent from that date has been withdrawn by the Veteran.

The Board has remanded the case due to the need for a VA examination and additional medical records, as well as further development of the service connection claims.

The Board denied the Veteran's claims for increased ratings for her left foot surgical scars and callus, service connection for low back pain, and scar tissue due to retained placenta. The claim for reopening a previously denied claim of service connection for disequilibrium was also denied.

The Board has determined that the Veteran's current lumbar spine disability, including degenerative disc disease and spinal stenosis, was not incurred in or aggravated by active duty service.

The Veteran's claims for service connection for lumbar spine disability, cervical spine disability, and heart disability are pending. The Board finds the preponderance of evidence against these claims.

The Board has determined that the Veteran's low back, psychiatric, and migraine headaches disabilities are not service connected as they were not incurred or aggravated by his active duty. The evidence does not support a finding of secondary service connection for these conditions.

The Board has remanded the case to the Department of Veterans Affairs Regional Office for further development, including obtaining service personnel records and private treatment records. The Veteran's claim to reopen his entitlement to service connection for a back disability is pending.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine and degenerative joint disease of the left hip are currently rated at 20 percent, which is the maximum schedular rating available for these conditions. The Board finds that neither condition warrants a higher rating based on the evidence of record.

The Veteran's claim for service connection for residuals of a back injury, including herniated discs and left leg radiculopathy in the cervical, thoracic, and lumbar spine segments is being remanded due to the need for additional development.

The Veteran's claim for an initial rating in excess of 20 percent for residuals of low back strain injury with chronic lumbosacral strain is being remanded due to the need for additional development, including scheduling a VA examination and ensuring that the claims file was available for review.

The Veteran's appeal is remanded due to the need for additional examinations and opinions regarding his low back disorder, bilateral lower extremity disorders, and hypertension. The heart disease claim is also inextricably intertwined with these issues.