Back / lumbar spine decisions — 2010

The Veteran's claims for service connection for degenerative joint disease of the lumbar spine and burn scars to the arms, face, and forearms were denied. The Board found that there was no evidence showing these conditions were incurred or aggravated by military service.

The Board has granted service connection for a low back disorder and a rectal disorder, but denied service connection for chest pain.

The Veteran's appeal is being remanded for further development, including a VA examination and consideration of new medical records.

The Board has determined that further development is needed before a final decision can be made on the Veteran's claim for service connection for a low back disability.

The Veteran's claim for higher initial ratings for his low back disability is being remanded due to the need to obtain additional VA treatment records and provide a copy of the EMG and NCS test results from the September 2010 VA examination.

The Veteran's preexisting bilateral pes planus was found to have been aggravated by service, and he is now granted service connection for this condition. The Board also finds that his thoracolumbar spine disorder may be related to service.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding that he did not have a period of at least 10 years prior to his death where he was rated as totally disabled. The Board also found no evidence indicating that any acquired psychiatric disorder contributed substantially or materially to the Veteran's death.

The Veteran's claim for service connection for degenerative arthritis of the lumbar spine is being remanded due to a need for additional development, including obtaining VA treatment records and scheduling an examination.

The Board found that the Veteran's current back disabilities were not incurred or aggravated by service, and denied his claim for service connection.

The Board has determined that the Veteran's service-connected residuals of compression fracture of the lumbar spine does not present an exceptional or unusual disability picture with related factors such as marked interference with employment or frequent periods of hospitalization, and therefore, a higher rating is not warranted.

The Board denied the Veteran's claims for new and material evidence for service connection for a low back disorder, service connection for a left shoulder disorder, entitlement to a temporary total disability evaluation under 38 C.F.R. § 4.30 for surgery of the left shoulder, entitlement to an initial rating in excess of 30 percent for major depressive disorder, and entitlement to a compensable evaluation for internal derangement of the right knee.

The Board has remanded the case to the RO for a new medical examination and opinion due to an inadequate January 2009 VA examiner's conclusion that any additional disability was related to the natural progression of the Veteran's degenerative disc disease. The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a back disability resulting from October 2000 VA surgery.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative joint disease is being remanded due to the need for a new VA examination to assess current functional loss and severity of his disability.

The Board has granted service connection for the veteran's low back disability, finding that it is at least as likely as not caused by his military service. The VA examiner was unable to locate any evidence of treatment for foot and knee conditions during service.

The Veteran's low back disabilities are found to be related to his period of active duty for special work (ADSW) in support of Hurricane Katrina relief efforts, and service connection is granted.

The Board denied an initial rating in excess of 20 percent for degenerative disc disease (DDD) of the lumbar spine, finding that the Veteran's disability did not meet criteria warranting a higher rating under VA regulations.

The Veteran's appeal is being remanded to obtain additional employment records from the United States Postal Service (USPS) and for further development of his claims.

The Board found no medical evidence linking the Veteran's current low back disability to his active duty service, including a 1969 complaint of back pain. The claim was denied.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by active service and arthritis of the low back cannot be presumed to have been incurred in or aggravated by service.

The Board found that the Veteran's lumbar spine disability, including herniated nucleus pulposus L4/L5, was not incurred in or aggravated by active service.