Back / lumbar spine decisions — 2010

The Veteran's initial ratings for lumbar strain, diverticulosis with lactose intolerance, and residuals of bunionectomies have been granted. The Veteran is currently receiving the maximum available rating for his service-connected conditions.

The Board has remanded the case for additional development, including obtaining VA and SSA records, workers' compensation records, and VA treatment records. The Veteran's lumbar spine disorder and thyroid condition will be evaluated based on their etiology.

The Veteran's initial claim for service connection was granted, and a 10 percent disability rating was assigned. The effective date of this award is October 11, 2007, the date of his work injury that led to increased symptoms. The Board found that the Veteran's condition warranted a 20 percent disability evaluation since October 11, 2007.

The Veteran's appeals have been withdrawn. The Board dismissed the claims for service connection and increased ratings.

The Veteran's appeal for service connection of a right shoulder disability has been withdrawn. The case is being remanded to determine the current severity of his lumbosacral spine disability.

The Board has determined that further development is needed for the Veteran's claims, including a VA examination to determine if he has a current low back disability related to service and whether his service-connected disabilities render him unemployable.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of medical records.

The Board found that the Veteran's lumbar spine disability was not incurred in or aggravated by active service and denied his claim.

The Veteran's claims for service connection for tinnitus and a low back disability were denied as there is no evidence of current disabilities or a link to military service.

The Veteran's low back disability is rated at 40 percent, with separate ratings for right and left sciatic nerve impairment. The Veteran also meets the criteria for TDIU based on his service-connected disabilities.

The Veteran's PTSD and major depressive disorder are found to be related to his military service, specifically his time in Vietnam. Service connection is granted for these conditions.

The Board found that the Veteran's low back disability, including degenerative joint disease and degenerative disc disease of the lumbar spine, was not incurred or aggravated in service and is not related to his military service. The VA examiner concluded that the current low back condition could not be linked to the soft tissue injuries noted during service.

The Board has denied the Veteran's claims for service connection for a back disability and a right knee disability. The case is being remanded to the RO for further action, including scheduling a Travel Board hearing.

The Veteran's claims for service connection and compensation benefits under 38 U.S.C.A. § 1151 were denied. The Board found that the diabetes mellitus was not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault during his 1996 VA hospitalization. Cardiomegaly and a back disorder are not service-connected. The Veteran's esophagitis is not manifested by ulceration of the lower esophagus, no dilations have been required, and it does not meet criteria for a separate compensable rating. GERD with IBS does not warrant an initial rating in excess of 30 percent.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that a VA examination is necessary to determine the relationship between the Veteran's current back disability and his military service. The case will be remanded for this purpose.

The Board denied service connection for residuals of a low back injury and residuals of cold injury to the feet, finding no nexus between these conditions and military service.

The Board denied the Veteran's claims for service connection for low back, left knee medial compartment osteoarthritis with varus alignment, and left ankle conditions due to lack of evidence linking these conditions to his military service.

The Veteran's combined evaluation for compensation is 40 percent, which does not meet the criteria for a TDIU as per VA regulations.

The Board found no evidence that the Veteran's current degenerative joint disease or degenerative disc disease is related to his active military service. The Board also determined that these conditions are not caused by or aggravated by his service-connected valvular heart disease, mitral insufficiency residual of rheumatic fever.