Back / lumbar spine decisions — 2010

The Board denied the Veteran's claims for service connection for bladder cancer, prostate cancer, gastrointestinal disorder (bleeding stomach and bleeding from the bowels), skin cancer, and lumbar spine disorder, all of which were claimed as secondary to herbicide exposure. The evidence did not support a finding that these conditions were related to his active military service.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected lumbar spine disorder and whether he is unemployable due to this disability. The case will also be referred to the Undersecretary for Benefits or Director of Compensation and Pension Service for consideration of an extra-schedular evaluation.

The Board has remanded the case due to issues with the hearing process and clarification of the Veteran's representative. The issue of service connection for a lumbar spine disability remains on appeal.

The Veteran's service-connected disabilities render him in need of the regular aid and attendance of another person, meeting the criteria for SMC.

The Board found that the Veteran does not meet the criteria for special monthly compensation based on housebound status or permanent need for regular aid and attendance, as he is not in need of such assistance.

The Board finds that the Veteran's claimed low back pain, left wrist disability, and right wrist sprain are not related to his active service. The evidence does not support a finding of direct service connection for these conditions.

The Board has ordered a VA examination to determine the nature and etiology of the Veteran's low back disability, which may affect his claim for service connection. The case will be remanded for further development.

The Board found that the Veteran does not have degenerative disc disease at L4-5 that is causally or etiologically related to his military service.

The Board found that the Veteran's current back disorder, including degenerative arthritis and degenerative disc disease, was not incurred in or aggravated by service. The claim is denied.

The Veteran's claims for an increased rating for her lumbosacral strain and a total rating based on individual unemployability due to service-connected disability are being remanded for additional development of the record.

The Board denied the Veteran's claims for service connection for a low back disability and entitlement to an increased rating for post-operative varicose veins of the left leg, finding that there was no evidence to support these claims.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disability and finds that new and material evidence has been received. The preponderance of the competent and credible evidence shows that the Veteran's low back disability did not have its onset in active military service, did not manifest within one year of service separation, and is not otherwise related to service.

The Veteran's appeal is being remanded due to the need for additional examinations and records, particularly regarding his low back disability. The TDIU claim is also inextricably intertwined with the rating issue.

The Board is remanding the case for additional development to verify the appellant's service dates and determine if his conditions are related to active duty, ACDUTRA or INACDUTRA.

The Veteran's cervical spine disability was not rated higher than the assigned percentages prior to April 29, 2008 and since that date.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for residuals of a low back injury, headaches, bilateral shoulder disorders, fibromyalgia, and irritable bowel syndrome (IBS). As such, these claims remain denied.

The Veteran's hypertension is service-connected and aggravated by PTSD. The Board grants a compensable evaluation for this condition.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling a VA examination. The Veteran's claims of service connection for a liver disorder and back disability are pending.

The Board has determined that the Veteran's low back disability and acquired psychiatric disorder are not related to his active service, and thus denied these claims. The initial compensable rating for bilateral hearing loss is also denied.

The Board has remanded the case for clarification of a VA examiner's opinion regarding service connection for back injuries.