Back / lumbar spine decisions — 2010

The Board has ordered further development due to the need for clarification of service dates and a medical opinion regarding the etiology of the Veteran's low back disorder.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active service and is not etiologically related to any injury or disease during his service. The Board also determined that arthritis of the lumbar spine may not be presumed to have been caused or aggravated by active service, and a low back disability was not proximately due to or aggravated by a service-connected disability.

The Board has remanded the case for further development of evidence and preparation of a supplemental statement of the case.

The Board denied service connection for degenerative disc disease of the lumbar spine, finding that it was not incurred in or aggravated by active duty service.

The Veteran's claims for increased ratings for his left knee and low back disabilities, as well as his claim for TDIU based on service-connected disabilities, were denied by the RO. The Board found that the evidence did not meet the criteria for higher ratings under applicable diagnostic codes.

The Veteran's appeal is being remanded for additional development, including obtaining updated VCAA notice and a VA examination to address his psychiatric disorder and low back disorder claims.

The Veteran's appeal is being remanded for further review, including consideration of an extraschedular evaluation and entitlement to a total disability rating based on individual unemployability due to service-connected disorders prior to June 6, 2007.

The Board has decided to remand the case for further development, including obtaining VA examination and associating ACDUTRA records.

The Veteran withdrew his appeals for increased ratings and service connection. The claims for prostate cancer as secondary to prostatitis were also withdrawn, but the Veteran's assertions regarding potential VA negligence in failing to diagnose or treat prostate cancer did not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's appeal is remanded to the RO so that a Board hearing may be scheduled at his local VA office.

The Veteran's lumbar degenerative disc disease was initially rated as 10 percent disabling from January 1, 2004 to October 26, 2008. As of October 27, 2008, the disability is evaluated at a 20 percent rating. The Veteran's umbilical hernia claim was denied initially and has not been reopened.

The Board has remanded the case for a VA orthopedic examination to assess the nature and etiology of the Veteran's low back disorder, including partial sacralization of the L5 vertebrae. The examiner should provide opinions on whether it is at least as likely as not that the Veteran's current low back disability was aggravated by military service.

The Veteran's claim for an increased rating for arthritis of the lumbar spine with intervertebral disc syndrome was denied as his disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's low back disability, rated as 20 percent disabling for chronic lumbosacral strain, is now rated at 40 percent due to the presence of incapacitating episodes of intervertebral disc syndrome.

The Board found that the Veteran's low back disability is not related to service and denied his claim.

The Board has granted service connection for residuals of a nasal injury, left knee disability (ACL tear), and lower back disability. The Veteran's claims are supported by credible accounts of in-service injuries and medical opinions linking these conditions to his military service.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by service, and denied his claim for service connection.

The Board found no evidence of a service-connected back disability and denied the claim.

The Veteran's low back disorder, characterized by severe limitation of lumbar motion and pronounced intervertebral disc syndrome, has been rated at 60 percent effective from September 13, 2000.

The Veteran's claim for service connection for a lumbar spine condition was denied as there is no evidence of a nexus between the current condition and his military service.