Back / lumbar spine decisions — 2010

The Board has remanded the case due to incomplete service records and the need for further examination regarding a left varicocele.

The Veteran's appeals for increased ratings and service connection were withdrawn. The Board also determined that the Veteran does not have bilateral hearing loss or hypertension, which are not related to his military service.

The Board has remanded the case for further development, including an examination to determine if any current thoracic and/or lumbosacral spine disorders are related to service. The presumption of soundness will also be addressed.

The Veteran's appeal is remanded for further development, including obtaining VA examinations to assess the severity of his service-connected lumbar and cervical spine disorders, right ankle injury, and left heel spur.

The Board has determined that the Veteran currently suffers from lumbar disc disease, which is causally related to an in-service injury. Therefore, service connection for this condition is granted.

The Board has granted service connection for right knee osteoarthritis, finding that it is etiologically related to the Veteran's military service. The claims for back, right hip, and right foot disorders are remanded due to a lack of adequate examination opinions.

The Board has determined that the Veteran does not have a left foot, left knee, or low back disability that is related to his military service.

The Board denied the appellant's claims of entitlement to service connection for tinnitus, a left shoulder disorder, and a low back disorder. The VA medical examination did not find any chronic conditions related to service.

The Veteran's claim for a compensable initial evaluation for residuals of left hand injury affecting the long, ring and little fingers was granted. Service connection for traumatic arthritis of the left wrist, bipolar disorder, and loss of four upper teeth due to dental trauma were also granted.

The Board found no credible evidence linking the Veteran's current back disorder to his military service, and thus denied his claim for service connection.

The Board has remanded the case for further development, including obtaining VA treatment records and a medical opinion regarding the relationship between the Veteran's current low back disorder and her service.

The Board denied service connection for a cervical spine disability and denied an increased rating for thoracolumbar spine disability. The Veteran's cervical spine disability is not related to his service-connected thoracolumbar spine disability, but rather due to post-service injuries. The initial 20% evaluation for the thoracolumbar spine disability remains unchanged.

The Veteran's claim for an increased rating in excess of 40 percent for degenerative arthritis of the low back was denied. The appeal will be further reviewed as part of a REMAND process.

The Veteran's service-connected traumatic and degenerative arthritis of the lumbar spine with disc bulges is currently rated at 40 percent, effective from the date of the January 2010 rating decision. The Veteran also has a separate compensable disability rating for right leg radiculopathy secondary to his spinal condition.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 10 percent, effective April 29, 1993. The claim for a higher rating has been denied.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining private medical records and VA treatment records.

The Board denied the Veteran's claims for increased rating for ACL deficiency, left knee; service connection for a back disorder secondary to her service-connected left knee disability; and TDIU.

The Veteran's service-connected disabilities, when evaluated in association with his educational attainment and occupational experience, preclude all forms of substantially gainful employment.

The Veteran's appeal is being remanded to the RO for a Board videoconference hearing. The case will be returned to the Board after the hearing.

The Veteran's service-connected disabilities, including systemic lupus erythematosus with anemia, thrombocytopenia, polyarthralgias and leucopenia, bronchitis (to include asthma), right knee arthritis, low back strain, temporomandibular joint subluxation, hypertension, and tarsal tunnel syndrome of the right foot, combine to a level of overall disablement that would likely render her unemployable given her vocational and educational circumstances. The Board finds that a TDIU rating is warranted.