Back / lumbar spine decisions — 2010

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

The Board has determined that the Veteran's bilateral hip degenerative joint disease, status post total bilateral hip arthroplasty, is not related to his service-connected low back disability and remands for further examination.

The Veteran's low back disability with radiculopathy was rated at 20 percent prior to February 18, 2009 and is now rated at 40 percent from that date.

The Veteran's appeal is being remanded due to the need for a travel Board hearing. The issues of service connection for degenerative disc disease L5-S1 and left hip disorder are still pending.

The Veteran's service-connected degenerative arthritis of the lumbar spine does not meet the criteria for a rating in excess of 10 percent.

The Board found no evidence of a chronic skin rash during service and denied the Veteran's claim for service connection for a skin disability. The claims for bilateral hearing loss, obstructive sleep apnea, and a bilateral leg disability were also denied.

The Board denied the Veteran's claims for service connection for residuals of a hysterectomy, low back disability, and right shoulder injury due to lack of competent credible evidence linking these conditions to her military service.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his service-connected cervical and lumbar spine disabilities.

The Board has determined that the Veteran's service-connected disabilities render him unable to care for daily personal needs without regular assistance from others or to protect himself from the hazards and dangers of his daily environment, meeting the requirements for special monthly compensation based on the need for aid and attendance.

The Board denied the Veteran's claims for service connection for degenerative disease of the lumbar spine, bilateral wrist disability, bilateral knee disability, and PTSD. The issues were not about service connection at all as the appeal was based on a citation number rather than specific conditions.

The Board denied the Veteran's claims for service connection for posterior disc protrusions (C4-7) of the cervical spine and a lower back condition, finding that new and material evidence was not received to reopen the cervical spine claim. The lower back condition claim was also denied as there is no evidence linking the current disability to service.

The Veteran's claims for higher initial ratings for degenerative disc disease of the lumbar spine and patellofemoral pain syndrome of the left knee with patellar tendinitis were denied. The Board found that his disability did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has granted service connection for chondromalacia of the right knee and assigned a 20% disability rating. The Veteran's left knee is rated at 30%, with an effective date prior to June 8, 2010.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected disabilities, acting alone, preclude him from securing or following a substantially gainful occupation.

The Board has remanded the case due to an error in relying on a September 2008 VA opinion, which did not address whether the cumulative effect of parachute jumps during service caused or was related to the Veteran's current back disability. The case is now returned for further examination and consideration.

The Veteran's appeal is being remanded to the RO for additional evidentiary development, including obtaining medical records and providing a supplemental VA examination.

The Board has remanded the case for further development due to inadequate examination report.

The Board found that the Veteran's current cervical and lumbar spine disorders are not etiologically related to military service, but rather due to age-related changes. The claims for service connection were denied.

The Board has determined that the Veteran's back disorder preexisted service and was aggravated by service, thus granting service connection for the condition.

The Board denied service connection for bilateral hearing loss and status post lumbar laminectomy, finding that the Veteran's preexisting back condition did not increase in severity during active duty.