Back / lumbar spine decisions — 2010

The Board denied service connection for asbestosis and low back disorder, finding that the Veteran did not have a disease or injury in service and no evidence of continuity of symptoms since service. The claims were decided on the basis of direct service connection.

The Veteran's appeal is remanded due to the need for additional development of his claims, including obtaining private treatment records and VA treatment records related to his low back disorder, PTSD, and bilateral hearing loss.

The Board found that the Veteran's low back and psychiatric disorders were not incurred or aggravated by service. The current conditions are unrelated to his military service.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, thus meeting the criteria for TDIU.

The Board found that the Veteran's service-connected posttraumatic stress disorder did not cause or aggravate his erectile dysfunction, GERD, left knee disability, right knee degenerative joint disease, back disability, or skin disability. The claims were denied as there was no evidence to support a direct relationship between these conditions and the Veteran's period of active military service.

The Veteran's bilateral hearing loss, tinnitus, cervical spine disorder, and thoracolumbar spine disorder are found to be related to his active service.

The Veteran's claim for an increased rating for degenerative joint disease of the lumbar spine is being remanded due to inadequate examination and further development is required.

The Board has determined that the Veteran's current low back disorder is not related to his service and denied his claim for service connection.

The Veteran's service-connected left knee instability and chronic lumbar strain with degenerative changes, L1-L5, are not shown to warrant a higher initial rating.

The Veteran's claim for service connection for residuals of a shrapnel wound of the right hand was denied as new and material evidence had not been submitted. The initial rating for hypertension is granted at 10 percent, effective April 3, 2006. The initial compensable rating for discogenic disease and degenerative joint disease (DJD) of the lumbar spine prior to February 14, 2009, was denied.

The Veteran's claims for increased evaluations were denied. The Board found that the evidence did not meet the criteria for an initial evaluation in excess of the assigned noncompensable ratings for most conditions, except for a 20 percent evaluation for left shoulder impingement status post surgery.

The Board has withdrawn the Veteran's appeal regarding his right leg disorder due to his withdrawal. The claim for service connection for bilateral plantar fasciitis was denied as there is no evidence linking it to military service or a service-connected condition.

The Board has remanded the case for additional development and review of the claims file, including recent VA medical records and translation of Spanish language documents. The appellant's service connection claims will be reconsidered.

The Veteran's claim for nonservice-connected pension is being remanded due to the need for additional development, including a new VA examination.

The Veteran's appeal is being remanded for further development of his claims, including obtaining additional VA treatment records and scheduling an orthopedic examination to address the relationship between his service-connected lumbar strain and any current right knee and hip disorders.

The Board has determined that the Veteran's claimed right, left knee disabilities and low back disability are not related to his military service. The claim for residuals of a left ankle fracture is denied as well. Service connection for hepatitis C cannot be established.

The Veteran's lumbar spine disability is currently rated at 40 percent effective December 18, 2009. His right knee instability is currently rated at 10 percent effective August 14, 2007.

The Board has remanded the case for additional development due to missing records from Oak Knoll Naval Hospital.

The Veteran's degenerative disc disease of the lumbosacral spine resulted in muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reversed lordosis, or kyphosis. The Board granted a 10 percent disability rating for this condition.

The Veteran's claim for increased ratings for his service-connected lumbar and cervical spine disabilities was denied. The RO awarded a 40 percent rating effective August 6, 2010.