Back / lumbar spine decisions — 2010

The Board found no evidence of a chronic low back disability during service and insufficient medical evidence to establish a connection between the Veteran's current low back disability and active service. The claim was denied.

The Board has remanded the Veteran's appeal for additional development, including obtaining medical records and conducting a VA examination. The issues include reopening his previously denied claim for service connection for PTSD and determining whether he is entitled to service connection for lumbar spine and cervical spine disorders.

The Veteran's claim for an increased evaluation for his service-connected degenerative disc disease and degenerative joint disease of the lumbosacral spine with spinal stenosis and radiculopathy is being remanded due to the need for additional development, including obtaining a statement from the April 2010 VA examiner regarding incapacitating episodes.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA spine examination.

The Board denied service connection for a back disability and left rib disability, but the pending issue of residuals of head injury is still under review.

The Board has remanded the case for additional development due to incomplete records and a need for further medical examination.

The Board has determined that the Veteran's need for regular aid and attendance of another person is established, based on his multiple disabilities including seizure disorder, hypertension, diabetes, chronic renal insufficiency, degenerative disc disease, sleep apnea, narcolepsy, and diabetic neuropathy. As a result, SMP benefits are granted.

The Board denied the Veteran's claims for service connection for degenerative arthritis of the lumbar spine, residuals of a left knee injury, and residuals of a left ankle injury due to lack of evidence showing a nexus between these conditions and his active duty service.

The Board found that the Veteran did not submit new and material evidence to reopen his claim for service connection for the residuals of a low back injury, as the submitted evidence was either cumulative or redundant of previous records.

The Veteran's appeal is being remanded for further development, including VA examinations to assess the current severity of his hip and back disabilities. The issues are inextricably intertwined with the TDIU claim.

The Board has decided to remand the case for additional development, including a VA examination and consideration of the Veteran's claim for service connection for a low back disorder.

The Veteran's service-connected low back disability has been rated at 10 percent since August 6, 2003. From February 3, 2009, the disability is now rated at 20 percent due to more frequent incapacitating episodes.

The Board has granted service connection for the low back disability and denied increased ratings for the right ankle and right tibia disabilities. The TDIU claim is remanded to the RO.

The Board has determined that further development is needed to address the Veteran's claims, including obtaining his service personnel records and any missing service treatment records. The Veteran will be scheduled for VA examinations to assess the nature and etiology of his claimed tinnitus, bilateral hearing loss, bilateral foot disability, and low back disability.

The Veteran's service connection claims for left hand arthritis, right knee arthritis, and variously diagnosed low back disability are all granted. The right knee arthritis is linked to his in-service meniscus tear. The left hand arthritis is considered secondary to the service-connected third metacarpal scar. The left knee and low back disabilities are not shown to be directly related to service.

The Board denied the Veteran's claims for service connection for non-Hodgkin's lymphoma and degenerative disc disease of the cervical spine, finding no evidence to support these claims based on the lack of in-service diagnosis or a link between current conditions and active duty.

The Veteran's claim for a higher rating for his lumbar spine strain with degenerative joint disease, L4-5 is denied as the evidence does not show severe limitation of motion or severe lumbosacral strain during the period from August 25, 1999 to May 21, 2010.,After a review of the evidence, the Board finds that the Veteran's symptoms prior to May 21, 2010 do not warrant a rating in excess of 20 percent under the applicable criteria.

The Board has ordered the case to be remanded for further development, including obtaining SSA records and scheduling a VA examination.

The Board has granted service connection for a back disability including left lumbar myositis, degenerative disc disease and arthritis.

The Board denied service connection for a left leg disability, finding no evidence of such a condition. The Veteran's claims for increased ratings for his service-connected knee disabilities were also not granted as the criteria for higher evaluations were not met.