Back / lumbar spine decisions — 2010

The Board has determined that the Veteran's low back disorder is related to his active service, and thus grants service connection for this condition.

The Board has determined that the Veteran's claimed lumbar spine and right shoulder disabilities are not related to service, and thus denied his claims for service connection.

The Veteran's claims for service connection are being remanded due to incomplete development of his reserve component service records and the need for additional medical examinations.

The Veteran's low back strain with degenerative disc disease has been rated at 40 percent since July 21, 2010. The rating is effective as of that date.

The Veteran's lumbar spine disability is rated at 20 percent, and the service connection for a psychiatric disorder remains unresolved.

The Veteran's claim for service connection for a low back disorder was reopened and granted. Service connection for hypertension, claimed as due to diabetes mellitus and herbicide exposure, was also granted.

The Veteran's disability has not resulted in forward flexion of the thoracolumbar spine greater than 30 degrees, but not greater than 60 degrees, or the combined range of motion of the thoracolumbar spine not greater than 120 degrees. The Veteran does not meet the criteria for an increased evaluation.

The Veteran's claim for TDIU was granted effective November 1, 2004, the date of his service connection for a psychiatric disability. The effective date for the grant of TDIU is set at this time as it meets the threshold requirements for a schedular TDIU.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examination and private medical records. The case will be readjudicated after the development.

The Veteran's claims for higher ratings for his left ankle disability are being remanded to the RO due to further development needed. The claim for service connection for pes planus and neck, upper and lower back disabilities is also pending.

The Veteran's appeal is being remanded for further action, including scheduling a hearing at the address provided on his clarification of Board hearing request form.

The Veteran's claim for an increased evaluation for his lumbar degenerative disc disease is being remanded due to the passage of time since a previous VA examination and because he has not provided information about any recent treatment. A new VA examination will be conducted.

The Board denied reopening of claims for service connection for a right knee disorder and a back disorder, finding that the evidence submitted was not new and material.

The Board has ordered the VA to obtain updated treatment records, including those related to the Veteran's low back and athlete's foot complaints. The issues of whether new and material evidence was submitted to reopen a previously denied claim for service connection for a chronic low back disability and entitlement to service connection for chronic athlete's foot will be readjudicated following receipt of these records.

The Board has remanded the case for further development, including a VA examination to determine if the appellant requires regular aid and attendance or is housebound due to her disabilities.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for a right foot disability, bilateral knee osteoarthritis, and lumbar spine osteoarthritis. The case is being remanded for further development.

The Board found that the Veteran's low back, lung, and left leg disorders are not related to his active duty service. However, it was determined that he has residuals of appendicitis with a scar which is related to his service.

The Board found that the Veteran's death was not caused by his service-connected PTSD, and thus denied entitlement to service connection for cause of death.

The Board has determined that the Veteran's low back disability is secondary to his service-connected pes planus, and his psychiatric disabilities (PTSD and situational phobia) are related to active service.

The Board found the Veteran's allegations of an in-service low back injury and continued pain for the remainder of his service to be not credible. The preponderance of evidence is against a finding that the current low back disability is attributable to service.