Back / lumbar spine decisions — 2010

The Board finds that the Veteran's current low back disorder is at least as likely as not related to his active service, including injuries sustained while playing football. Therefore, service connection for a low back disorder is granted.

The Veteran's appeals for increased ratings for his service-connected lumbar spine disability, right knee disability, and residuals of a laceration to the right index and ring fingers were denied. The current evaluations are found to be appropriate based on the evidence of record.

The Board found no evidence to support the Veteran's claims for service connection of his low back disorder and bilateral knee and ankle arthritis, concluding that there is insufficient medical evidence linking these conditions to his military service.

The Board has granted service connection for cervical and lumbar spine disabilities, finding that the Veteran's current conditions are related to his active duty service. Service connection was denied for PTSD.

The Veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Veteran's lumbar spine disorder was not incurred in or aggravated by his active service, nor is it secondary to a service-connected disability. The Board finds that the preponderance of the evidence is against the claim.

The Board has remanded the case due to the need for a travel board hearing, and the Veteran's request for such.

The Board denied the appellant's claim as new and material evidence was not presented to show that his character of discharge has been upgraded, thus removing the bar for VA benefits.

The Veteran's claims for higher ratings for his cervical spine and low back disabilities are being remanded due to the need for a VA examination, as well as obtaining all outstanding medical records.

The Board has remanded the case due to incomplete service records and requests for additional information. The Veteran's claim of service connection for chronic residuals of a back disorder will be reconsidered after obtaining all relevant service records.

The Board has reopened the claim of service connection for a lumbar spine disability and granted service connection based on continuity of symptomatology since service.,Service connection is also granted for tinnitus, with consideration given to the Veteran's in-service noise exposure.

The Veteran's right lower extremity radiculopathy is not productive of a disability picture consistent with moderate incomplete paralysis of the external popliteal nerve.,The Veteran's service-connected residuals of laminectomy, scar are not considered unstable or manifested by pain on examination; nor is there any limitation of motion.,The Veteran's service-connected residuals of right inguinal hernia are not productive of a recurrent, readily reducible hernia that is well supported by truss or belt.,The Veteran's service-connected left shoulder calcific tendonitis with minimal arthritis of the acromioclavicular joint is manifested by complaints of pain and some limited range of motion, but without limitation to shoulder level or evidence of ankylosis.,Prior to July 14, 2008, the Veteran's service-connected lumbar disc disease, L4-L5 spondylostenosis, fusion L5 to S1 is manifested by subjective complaints of pain and objective findings of limitation of motion, but not forward flexion limited to 30 degrees or less; ankylosis; or incapacitating episodes of at least four weeks over the past 12 months. From July 14, 2008, the Veteran's service-connected lumbar disc disease is manifested by subjective complaints of pain and objective findings of decreased limitation of motion, but not ankylosis, or incapacitating episodes of at least six weeks.,The Veteran's service-connected hemorrhoids are mild or moderate with excessive redundant tissue, but are not thrombotic or irreducible; and there are no objecting findings of persistent bleeding, anemia or fissures.,The Veteran's service-connected right shoulder disability with resection of the clavicle is manifested by complaints of pain and limited range of motion, but without limitation to midway between side and shoulder level or evidence of ankylosis.,The Veteran's service-connected greater occipital neuralgia with headaches is manifested by subjective complaints of headaches, but without evidence of prostrating attacks or moderate incomplete paralysis of the seventh (facial) cranial nerve.

The Board has determined that the submitted evidence is not new and material to reopen the Veteran's claim for service connection for a back disorder.

The Board has remanded the Veteran's claim for a second time due to incomplete VA and SSA records. The case will be returned to the VBA for further development.

The Board denied the Veteran's claims for higher ratings and service connection, finding that his pes planus warranted a 50% rating throughout the appeal period.

The Veteran withdrew his appeal on all seven issues, including the evaluation of thoracic and lumbar spine disability, cervical spine disorder, bilateral hip disorder, bilateral leg disorder, bilateral arm disorder, and psychiatric disability.

The Board has remanded the case for further development due to inadequate reasons and bases in its February 2009 decision, including failure to provide adequate explanations regarding VA examinations provided in March 2004.

The Board found that the Veteran's low back disorder is not directly related to his service-connected left knee disability and denied the claim for secondary service connection.

The Veteran's low back disability is manifested by complaints of chronic pain, with flare-ups and exacerbations; objective findings of limitation of lumbar motion with pain on motion; and limitation of activities. The Board denied an increased evaluation in excess of 40 percent for his lumbosacral strain with degenerative joint disease, degenerative disc disease with facet hypertrophy, spinal stenosis and herniated nucleus pulposus, L-4/L-5, status post-discectomy and fusion.

The Board has determined that the Veteran's current lumbar spine disability began during active service and granted service connection for a low back disability.