Back / lumbar spine decisions — 2010

The Board has determined that the Veteran's right knee disability is service-connected, and affords him the benefit of the doubt in this matter.

The Board has determined that the Veteran's low back disorder, characterized as chronic lumbosacral strain, is service-connected. The cervical spine issue remains pending.

The Board has determined that the Veteran's current skin disorder, including dermatitis and dermatophytosis, is related to his military service. The low back disability is also found to be related to his service. Benign prostatic hypertrophy is not shown to be attributable to active service. Chronic bilateral knee disability was not manifest in service or within one year of separation therefrom, and is not shown to be attributable to active service.

The Board found that the appellant's current back disability is not causally related to his active service or any incident therein, and thus denied his claim for service connection.

The Board has remanded the case for clarification of whether the Veteran's low back disorder is related to service or a service-connected disability, and if so, whether it qualifies as a qualifying chronic disability under 38 C.F.R. § 3.317.

The Board found that the Veteran's back disorders did not begin in service and are not related to his service. The claim for service connection was denied.

The Board has remanded the claims for further development due to unclear requests and need for additional evidence.

The Veteran's claim for service connection for chronic back and neck disorders is being remanded due to the need for additional development, including a VA examination.

The Veteran's claim for service connection for a low back disorder was denied as he failed to report for a scheduled VA examination without good cause.

The Board has determined that the Veteran's low back disorder is not related to his active service and therefore denied service connection for this condition.

The Veteran's claim for a higher rating for his service-connected low back disability has been remanded due to the need for additional VA examinations. His claim for TDIU is also being considered as part of this matter.

The Veteran's lumbar spine disability is rated at 40 percent, effective May 1993. The Board granted a higher rating of 60 percent for his service-connected lumbar spine disability under the revised criteria effective September 23, 2002.

The Veteran's claim for TDIU is being remanded as the only service-connected condition (chronic lumbosacral strain) does not meet the percentage standards for a total disability rating. The case will be referred to the Director of Compensation and Pension Service if it is determined that he is unemployable due to his service-connected disability.

The Board has determined that additional development is needed to properly adjudicate the appellant's claims, including obtaining medical opinions and evidence.

The Board finds that an examination is necessary to determine the nature and etiology of any diagnosed lumbar spine disorder, including whether it is related to service. The Veteran's claim for service connection will be remanded.

The Board has determined that the Veteran's claims of entitlement to service connection for bilateral hearing loss and tinnitus have been denied as there is no evidence showing a nexus between these conditions and his active duty service.

The Veteran's appeal is being remanded for a Travel Board or videoconference Board hearing. Service connection claims for right leg, right knee, and lumbar spine disorders are pending.

The Veteran died from a possible pulmonary embolus following a laminectomy for a herniated lumbar disc. The Board finds that the cause of death is not service-connected.

The Board has determined that there is no competent medical evidence to support the Veteran's claims for service connection for a low back disability, a disability of the left little finger, and a right foot disability other than residuals of cold injury. As such, these claims are denied.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current low back disorder is related to service. The Veteran needs to provide records of treatment from 1984 to 2005 at VA Medical Center in Dublin, Georgia and undergo a VA medical examination.