Back / lumbar spine decisions — 2010

The Veteran's claims for service connection were granted, and he was assigned a rating of 30 percent for his PTSD. The Board also found that the Veteran did not have sleep apnea or hepatitis C due to service, but he does have tinnitus, headaches, anxiety disorder, depression disorder, lower back disorder, upper back disorder, bilateral hearing loss, and bilateral hand disorders related to service.

The Veteran's claim for an initial rating higher than 10 percent for scoliosis of the lumbar spine is being remanded due to a need for further examination and evaluation.

The Board found that the Veteran's cervical spondylosis with multi-level degenerative disc disease was not incurred in or aggravated by service, nor is it shown to be related to a service-connected disability. The claim for secondary service connection based on post-concussion headaches was also denied.

The Board has remanded the case for additional development, including scheduling a VA examination and considering whether an additional examination is necessary.

The Veteran's claims for increased ratings for residuals of a fracture of the left femur with left knee restriction and low back strain have been dismissed due to the death of the Veteran during the appeal process.

The Board found that new and material evidence had not been received to reopen the Veteran's claim for service connection for hypertension. The low back disability claim was remanded for further development.

The Board denied the Veteran's claims for service connection for a low back disorder and seizure disorder, finding that new evidence did not raise a reasonable possibility of substantiating these claims.

The Veteran's service-connected chronic lumbar strain with degenerative arthritic changes is not manifested by unfavorable ankylosis of the entire thoracolumbar spine, and therefore, a higher disability rating than 40 percent is not warranted.

The Veteran withdrew his appeal regarding the extraschedular evaluations for chronic low back strain, torn left knee ligament, and torn right medial meniscus with chondromalacia.

The Veteran's headaches, arthritis of the spine, and bilateral hearing loss are all found to be related to service. The Board granted service connection for these conditions.

The Board has granted service connection for the Veteran's right knee disorder, left knee disorder, left foot/ankle disorder, lower back disorder, and GERD as secondary to his service-connected right foot/ankle disorder.

The Board has withdrawn the issue of a rating in excess of 60 percent for the Veteran's lumbar spine disability. The cervical spine disorder is not service connected, as there is no evidence that it was incurred or aggravated by military service. Headaches and radiculopathy of the bilateral upper extremities are also not service-connected, as they are not related to the Veteran's service-connected disabilities.

The Veteran's claims for service connection and increased ratings are denied. The Veteran has been granted service connection for tinnitus, but the maximum disability rating is already assigned.

The Board found that the Veteran's service-connected degenerative joint disease of the lumbar spine did not warrant an evaluation higher than 20 percent for the portions of the appeal period from January 22, 2003, to June 11, 2007, and from December 1, 2007. The Veteran's right knee retropatellar pain syndrome with baker's cyst also did not warrant an evaluation higher than 10 percent during the appeal period.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling VA examinations to assess his service-connected disabilities. The issues of nonservice-connected pension benefits and TDIU are also being addressed.

The April 2002 rating decision denying service connection for a low back disability and cellulitis of the right foot is final.

The Veteran is seeking compensation for additional low back disability resulting from VA medical and surgical treatment in February 2005. The Board has remanded the case to determine if the treatment was due to carelessness, negligence, or similar instance of fault on the part of VA.

The Veteran's appeal is being remanded for additional examinations and to consider the adequacy of the November 2006 examination.

The Veteran's appeal is remanded due to the need for additional development and examination.,The Veteran's claim for service connection for bilateral hearing loss and low back disability has been remanded for further action.,The Veteran's PTSD rating remains at 70 percent, but his claims for other disabilities are being reviewed.,Service connection for hypertension is secondary to PTSD. The issue of service connection for the left knee and skin condition will be addressed as well.,The Veteran's left knee disability and skin condition need further examination to determine their etiology.,The Veteran's claim for a skin condition (pseudofolliculitis barbae) is being remanded.

The Veteran's appeal is being remanded for additional development, including obtaining a medical opinion regarding the relationship between his service-connected right foot fracture residuals and his claimed disabilities of the feet, knees, hips, and lumbar spine.