Back / lumbar spine decisions — 2010

The Veteran's degenerative changes of the lumbar spine is causally or etiologically related to service and aggravated by his service-connected bilateral foot disability, thus establishing service connection for this condition.

The Board has determined that the Veteran's low back disorder is at least as likely as not related to his service, and thus grants service connection for this condition.

The Veteran is entitled to a total disability rating based on individual unemployability (TDIU) as of November 4, 2004 due to his service-connected lumbar spine disorder and adjustment disorder.

The Board has determined that additional development is needed to determine the validity of the Veteran's claims for PTSD and degenerative arthritis of the lumbar spine, including whether there are sufficient medical opinions to support a finding of service connection.

The Board has determined that the Veteran's claims of service connection for a lumbar spine disability and an increased initial disability rating for PTSD require further development. The case is being remanded to obtain additional medical records, conduct a VA examination, and issue a supplemental statement of the case.

The Board found no current disabilities for the claimed conditions of bilateral hearing loss, right ear disorder, low back disorder, and bilateral knee disorder. Therefore, service connection was denied.

The Board denied the Veteran's claims for service connection for various conditions, including diabetes mellitus and skin disorders, all of which were presumed to be due to exposure to Agent Orange. The Board found no evidence linking these conditions to his military service.

The Veteran's service-connected bilateral plantar fasciitis and pes planus, right foot hallux valgus, and lumbar strain are not rated higher than the current 10 percent levels.

The Board found no credible evidence of a low back injury or disease in service, and concluded that the Veteran's current low back disorder is related to post-service injuries. As such, the claim for service connection was denied.

The Board has reopened the Veteran's claim for service connection for a back disability due to new and material evidence. However, the claim remains denied as there is no clear evidence that his current condition was caused or aggravated by military service.

The Board has remanded the case for additional development, including VA examinations to determine if service connection can be established for low back disorder, left and right knee disabilities, and bilateral pes planus.

The Board is remanding the case to provide proper notice regarding what constitutes new and material evidence for reopening the claim of service connection for a low back disorder.

The Board denied the Veteran's claim for extension of a temporary total evaluation based on post-surgical convalescence beyond April 1, 2008 following his low back surgery in January 2008 due to lack of evidence showing severe postoperative residuals.

The Veteran's service-connected disabilities, including left tibia and fibula fracture with traumatic arthritis of the left ankle, fracture of proximal left femur with shortening, and degenerative joint disease of lumbosacral spine associated with residuals of the femur, are rated at their maximum levels.

The Veteran's back disability was rated at 60% effective April 9, 1992. TDIU benefits were granted effective April 9, 1992. The appellant is eligible for DIC under 38 U.S.C.A. § 1318.

The Board has granted an increased disability rating of 60 percent for the service-connected low back disability, effective December 13, 1999.

The Board found that the Veteran's arthritis of multiple joints, including shoulders, elbows, hands, hips, and ankles, was not incurred in or aggravated by active service. The Board also noted that his back pain in service was acute and transitory, and did not establish a link to current arthritis.

The Veteran's appeal is being remanded for further examination and opinion regarding service connection claims, including a low back disability secondary to hearing loss and an ulcer disease secondary to the low back disability. The adjustment disorder claim will also be readjudicated.

The Board denied the Veteran's claims for an increased rating for his service-connected low back strain and TDIU, finding that the evidence did not support a higher evaluation or entitlement to TDIU.

The Veteran's claim for a higher rating for his service-connected low back disability was denied. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine from March 25, 2010.