Back / lumbar spine decisions — 2010

The Veteran's appeal has been dismissed due to his death.

The Board has remanded the Veteran's claims for a bilateral hearing loss disability and back condition to the RO in Houston, Texas for further action.

The Veteran's claims for service connection for right shoulder pain, right hand pain, and low back pain were denied as there was no current disability. The claim of service connection for a right ankle disability is pending.

The Board has determined that the Veteran's current low back disorder is a continuation of symptoms he experienced during his active duty service, and thus grants service connection for this condition.

The Board found that the Veteran's claimed disabilities were not incurred or aggravated by service and denied his claims.

The Board has remanded the case for further development due to insufficient reasons and bases regarding the credibility of the Veteran's lay statements concerning continuity of symptomatology.

The Board has granted the Veteran's claims for service connection for hypertension, migraines (secondary to undiagnosed illness), and a skin disability (xerosis). The other issues are remanded.

The Veteran's initial disability ratings for his back condition were increased to 20 percent as of February 25, 2009. His right leg radiculopathy was also rated at 10 percent prior to June 13, 2005 and then upgraded to 20 percent from that date.

The Board is remanding the issues of service connection for a low back disorder and a right knee disorder due to inadequate opinions in the January 2006 VA examination report. The Veteran needs to provide information about his private treatment, and VA should obtain any outstanding records.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability, finding that the evidence did not meet the criteria for an evaluation in excess of 20 percent prior to January 4, 2007 and 30 percent as of January 4, 2007.

The Board has determined that the Veteran's acquired psychiatric disorder and lower back disorder were not incurred or aggravated by service, as there is no medical evidence linking these conditions to his military service.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine and cervical spine spondylosis with left upper extremity radiculopathy were denied as they do not meet the criteria for a higher disability rating under VA regulations.

The Veteran's low back disability is not shown to meet the criteria for a rating in excess of 10 percent prior to March 13, 2007; in excess of 40 percent from March 13, 2007 through September 29, 2009; and/or in excess of 20 percent from September 30, 2009.

The Board has remanded the case for additional development due to insufficient opinions and missing medical records.

The Veteran's service-connected degenerative changes of the lumbar spine are currently rated at 20 percent disabling. The claim for an initial evaluation in excess of 20 percent is denied, while entitlement to TDIU remains pending.

The Veteran's low back disability, characterized by chronic pain and radiculopathy, does not meet the criteria for a higher rating than 20 percent.

The Veteran's claim for service connection for lumbosacral sublux/strain/sprain has been granted, and the issue of an initial disability rating greater than 20 percent is now moot as the grant represents a complete resolution of the appeal.

The Board denied the Veteran's claims for reopening his service connection for low back disorder and pulmonary disorder due to lack of new and material evidence.

The Board denied the Veteran's claims of service connection for lumbar spine disability, bilateral hearing loss, and tinnitus. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The Board has denied the appellant's claims for DIC under 38 U.S.C.A. § 1318 and service connection for the cause of the Veteran's death, finding that the Veteran did not meet any of the criteria in the applicable statute and regulation at the time of his death.