Back / lumbar spine decisions — 2010

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting new examinations to assess the severity of his service-connected herniated nucleus pulposus, lumbar spine and cervical disc disease.

The Board has denied the Veteran's claims for service connection for various conditions, finding that there is no evidence of a current disability or in-service event/injury/disease associated with those disabilities.

The Veteran's low back disability was rated at 20% prior to March 11, 2009 and is now rated at 40% from March 12, 2009.

The Veteran's service-connected lumbosacral strain does not meet the criteria for a higher rating as it does not result in forward flexion limited to greater than 30 degrees but not greater than 60 degrees, or combined range of motion of the thoracolumbar spine not greater than 120 degrees; nor does it involve muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.

The Board found against the appellant's claims for service connection for a left knee disability and back disability, concluding that there was not sufficient evidence to establish a link between these conditions and his military service.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's low back disability. The claim will be returned for further development and an adequate examination.

The Board found no current disability of hernia, or residuals thereof, and denied the Veteran's claim for service connection.

The Veteran's claim for SMC at the rate provided under 38 U.S.C.A. § 1114(m) has been granted, based on his need for aid and attendance due to multiple 100 percent ratings for chronic fatigue syndrome and major depressive disorder.

The Board denied the Veteran's service connection claim for a back condition and determined that new and material evidence had not been received to reopen his service connection claim for dental trauma.

The Board has granted the requested increased evaluations and service connection for certain disabilities based on the evidence of record.

The Board found that the Veteran's current low back and neck disorders were not incurred in or aggravated by his active military service.

The Board has determined that there is no competent evidence linking the Veteran's current back disorder or residuals of a head injury to his military service. The claims are therefore denied.

The Veteran's lumbosacral strain and post-operative residuals of left femur fracture with shortening of the left leg and left knee arthritis have been granted increased ratings.

The Veteran's cervical and lumbar spine disabilities are not service-connected, as they were not present in service or within one year of separation. The Board denied the claim for an increased evaluation for PTSD.

The Board denied service connection for a chronic lumbosacral spine disorder, chronic headache disorder, and chronic sleep disorder. The Veteran's claims were not supported by competent medical evidence linking her current conditions to active service.

The Board has determined that the Veteran's current low back disability is not service connected, as it was not incurred or aggravated by his active duty service. The Board also found no evidence of a direct connection to his service-connected left knee disability.

The Board found that the Veteran's back disability is related to service and granted service connection. The right knee disability was also granted a non-compensable evaluation initially, but later increased to 10 percent.

The Veteran's claims for service connection for peripheral neuropathy, bilateral hearing loss, tinnitus, memory loss, lumbar spine disability, and acquired psychiatric disorder (PTSD) are denied as there is no competent evidence of a current disability related to active military service.

The Board has denied service connection for acquired heart disease, COPD, neck disability, back disability, and psychiatric disability to include depression. The appellant is seeking service connection for these conditions.

The Board denied the Veteran's claims for service connection for a low back condition and a bilateral knee disability, finding that new and material evidence had not been submitted to reopen the claim for a low back condition and denying service connection for a bilateral knee disability.