Back / lumbar spine decisions — 2010

The Board found that the Veteran's low back disability, lumbosacral strain, degenerative disc disease, and degenerative joint disease was not incurred in or aggravated by service. The current condition is unrelated to an injury or event during service.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to conflicting opinions regarding the cause of his back disability and whether VA negligence was involved.

The Veteran's low back disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's death was not caused by or related to his service-connected disabilities, including polio and degenerative disc disease. The Board found insufficient evidence to support the claim that post-polio syndrome contributed to the Veteran's death.

The Veteran's claims for service connection and increased evaluations were denied. The Board found no evidence of a right hand disability, bilateral hearing loss, tinnitus, or gastrointestinal disability due to service. Service connection was also not granted for the Veteran's claimed conditions as they are not shown to be related to his active duty.

The Board has granted service connection for the Veteran's low back and bilateral knee disorders. The effective date of this decision is not specified, but it is presumed to be from the date of receipt of the claim.

The Veteran's appeal is being remanded for additional development, including obtaining a VA psychiatric examination to determine the nature and likely etiology of any diagnosed psychiatric disorder, an appropriate VA examination to determine the current nature and likely etiology of a back disability, and consideration of the June 2010 VA examination.

The Veteran's service-connected bilateral temporomandibular disorder bruxism, lumbar scoliosis degenerative disc disease L4-5 and facet arthropathy L5-S1, and degenerative joint disease right ankle are not rated higher than the current assigned ratings.

The Board has reopened the Veteran's claim for service connection for a low back disability and granted service connection based on direct evidence of a current disability and continuity of symptomatology since service.

The Board has granted the Veteran's claims to reopen her previously denied service connection claims for thyroid disorder and hypertension. The Veteran is also entitled to service connection for an acquired psychiatric disorder, right foot disorder, eye disorder, back disorder, gynecological disorder, abdominal disorder, and shin splints.

The Veteran's appeal is being remanded due to the need for updated VA examinations to assess the current severity of his lumbar spine and knee disabilities, as the previous November 2007 examinations are considered inadequate.

The Veteran's left knee disability is service-connected, and the Board has found that his right knee, left foot, right foot, left hip, and low back disabilities are also related to his service-connected left knee disability. The appeal for these additional conditions is granted.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing a VA physician with appropriate expertise to review the claims folder and provide opinions on whether his service-connected left knee disability either proximately caused or aggravated his hip or low back disabilities.

The Board has found that the reduction of the Veteran's lumbar spine disability rating from 20% to 10% was not proper, and this issue is being remanded for further action.

The Board has granted service connection for bilateral pes planus and found that it was aggravated by military service. The lower back disorder is not currently addressed in the decision.

The Board has remanded the case for further development, including securing Social Security Administration records and scheduling a VA examination.

The Veteran's Type II diabetes mellitus is denied as not incurred in or aggravated by active military service. The residuals of right ankle injury, degenerative joint disease of the lumbar spine with a compression fracture at the first lumbar vertebra, and left clavicle fracture are evaluated based on their current manifestations.

The Board denied service connection for various conditions, including a back disorder, left hip disorder, left leg disorder, left ankle disorder, and peripheral neuropathy of the left lower extremity. The evidence did not support a finding that these conditions were incurred or aggravated during active service.

The Board has remanded the case for further development due to issues related to service connection for back and left wrist disabilities.

The Board has remanded the case for additional development, including obtaining VA examination reports and medical records. The Veteran's claims for service connection are pending.