Back / lumbar spine decisions — 2010

The Board has remanded the claims due to failure of the Veteran to report for VA examinations and requests that he provide information about his treatment history. The case will be returned after further development.

The Board has determined that the Veteran's current back disorder and PTSD are not related to his military service, and thus denied both claims.

The Board has determined that the Veteran's service-connected right knee disability may have aggravated his pre-existing lumbar spine disorder, and thus grants service connection for this condition.

The Board has reopened the Veteran's claim for service connection for a low back disorder and granted service connection for an acquired psychiatric disorder, including PTSD. The effective date is not specified.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by active service and may not be presumed to have been so incurred. The claims for bilateral hearing loss and tinnitus are addressed in the REMAND portion of the decision.

The Veteran's combined disability evaluation is 70 percent, which meets the percentage requirements for a TDIU. The Veteran has been found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining treatment records and scheduling VA examinations.

The Board has determined that the Veteran does not have a current diagnosis of chronic athlete's foot, and there is insufficient evidence to establish service connection for this condition. The right wrist condition with pain was found to be related to military service, but the sinusitis claim was denied as there is no evidence of in-service injury or disease. Headaches were also found not to be secondary to a service-connected disability.

The Board found that the Veteran's tinnitus was not incurred in or aggravated by service. The right shoulder strain and low back disability issues are remanded for further examination and opinion.

The Veteran's service-connected lumbar spine disability was granted with a 10 percent evaluation effective January 4, 1993, and a 40 percent evaluation from January 3, 2006. The appeal is for an increased rating.

The Veteran's claim for an increased rating for radiculopathy of the right upper extremity was denied as his condition did not meet the criteria for a higher than 10 percent rating.

The Board has granted a rating of 20 percent for the appellant's lumbar spine disability and denied any higher ratings. The claim for PTSD was also granted, with a separate rating of 10 percent for mild incomplete paralysis of the right lower extremity. The TDIU issue is granted as well.

The Board has granted service connection for low back strain. The Veteran's bilateral hip and leg disorders are being remanded for further examination and opinion.

The Veteran's appeal was dismissed as he withdrew his appeal for PTSD at the August 2010 hearing.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his service-connected dorsolumbar strain.

The Veteran claims service connection for a low back disorder and a left hip condition, which she contends is related to her military service. The Board has determined that additional development is needed due to conflicting medical opinions regarding the nature and etiology of these conditions.

The Board found that there was no evidence of a low back disability in service and insufficient credible lay or medical evidence to establish continuity of symptomatology. Therefore, the claim for service connection for a low back disability was denied.

The Veteran's left shoulder disability, which included recurrent dislocations and limited range of motion, was found to be productive of infrequent recurrences with pain and limited function. The current evaluation of 20 percent is deemed insufficient given the Veteran's symptoms and findings.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

The Board has determined that the Veteran does not have any hip, ankle, or knee disabilities that are related to his military service.