Back / lumbar spine decisions — 2010

The Board found that the Veteran's current lower back disability is not related to his time in service and denied his claim for service connection.

The Board denied an initial evaluation in excess of 40 percent for the Veteran's service-connected lumbar strain with degenerative changes.

The Veteran's claim for higher ratings for his chronic lumbosacral strain with hip, thigh, buttocks and calf pain is being remanded to the RO due to a procedural issue. The initial staged-ratings assigned are not in dispute.

The Veteran's appeal includes a request for an initial rating in excess of 20 percent for his service-connected lumbar spine disability and a challenge to the apportionment of his initial rating. The case is being remanded due to issues related to both these claims.

The Veteran's claims for service connection for various conditions, including hemorrhoids, low back disorder, GERD, pancreatitis, biliary disease, and proctitis were denied. The Board found that the evidence did not establish an in-service etiology or link to a service-connected disability.

The Veteran's claim for service connection for low back strain, secondary to arthralgias of the bilateral hips, knees, and ankles is being remanded due to inadequate medical opinions in previous examinations.

The Veteran's appeal is being remanded for another VA examination to determine the nature and etiology of his claimed back disability and sexual dysfunction.

The Veteran's claim for an increased rating and TDIU due to service-connected disabilities is being remanded for further development, including a VA examination to assess the severity of his lumbar strain with degenerative disc disease and whether he is unable to secure or follow a substantially gainful occupation.

The Board has denied the Veteran's claims for service connection for cervical, lumbar, and thoracic spine disorders due to a lack of evidence showing these conditions are related to active service.

The Board has determined that the Veteran's generalized anxiety disorder is related to his military service, and thus granted service connection for this condition. The Board also found no evidence linking the Veteran's chronic back disorder (including arthritis) to his military service.

The Veteran's claim of entitlement to an evaluation in excess of 20 percent for his service-connected lumbosacral strain is being remanded due to inadequate development and the need for additional evidence.

The Veteran's service-connected degenerative disc disease of the lumbar spine did not preclude him from securing or following substantially gainful employment for the period from August 25, 1997 to March 14, 2001. Therefore, his claim for extraschedular consideration under 38 C.F.R. § 3.321(b)(1) and 4.16(b) is denied.

The Veteran's claim for an increased rating in excess of 40 percent for his service-connected degenerative disc disease, L1-S1, is denied as there is no evidence of unfavorable ankylosis of the thoracolumbar spine.

The Board found that the Veteran's claimed conditions were not incurred or aggravated by service, and denied all claims for service connection.

The Veteran's service-connected residuals of a lumbosacral injury, which is rated at 40 percent, does not meet the criteria for an extraschedular rating due to lack of evidence showing marked interference with employment or frequent hospitalization.

The Board has ordered a remand to obtain additional medical records and review the February 2009 VA examination report. The Veteran's claim for service connection for upper back disability will be reconsidered based on the new evidence.

The Veteran's lumbosacral spine disease, cervical spine pain with degenerative joint disease, and carpal tunnel syndrome of the left hand are currently evaluated at 20 percent. The Veteran's right hand carpal tunnel syndrome is noncompensable.

The Veteran's claims are being remanded for additional development, including providing proper VCAA notice and obtaining outstanding treatment records.

The Board has ordered a remand to obtain additional medical records and conduct further examinations. The Veteran's claims for service connection are being reviewed based on the evidence provided.

The Board has remanded the case due to scheduling issues for a videoconference hearing. The Veteran's claims of reopening service connection and severing right ear hearing loss are pending.