Back / lumbar spine decisions — 2010

The Veteran's claims for increased ratings and service connection are being remanded to the RO for further development of his medical records, including those from UPMC sports medicine center and Dr. Spiro at Magee-Womens Hospital.

The Veteran's TDIU was granted effective December 12, 2005. The Board found that the criteria for a higher rating were not met prior to this date.

The Veteran's appeal is being remanded for further development of his claims, including obtaining additional medical records and scheduling VA examinations.

The Board found no evidence to support a link between the Veteran's back disability and his military service, including an in-service injury. The Veteran's current condition is considered unrelated to his time in the service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of any diagnosed low back, neck, right knee, or left knee disorders. The claim will be readjudicated after these actions.

The Board has granted service connection for a lower back disorder, specifically a lumbar sprain/strain. The Veteran's appeal seeking an effective date prior to July 25, 2007 for the grant of service connection for tinnitus is dismissed.

The Board has decided to remand the claims for additional development due to new evidence submitted by the appellant.

The Board denied the Veteran's claims for service connection for a back disability, disabilities of the legs and knees including osteoarthritis, and an acquired psychiatric disability including PTSD due to lack of credible evidence of onset or continuity of symptomatology since service.

The Veteran's back disorder is being remanded for additional development, including obtaining medical records and providing an addendum to the VA examination.

The Veteran's low back disability is rated at 40% since December 7, 2009. Service connection for PTSD was granted.

The Veteran's compression fracture to L-1 is asymptomatic and does not meet the criteria for a higher disability rating. His current symptoms are attributed to his degenerative arthritis, which is not connected to his military service or fracture sustained in service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current low back disorder is related to service, specifically a motor vehicle accident in 1976. The Veteran will be scheduled for a VA examination to determine this relationship.

The Veteran's service-connected disabilities are not considered to be permanent in nature, thus failing the eligibility criteria for dependent's educational assistance.

The Board denied the Veteran's claims of service connection for low back disorder, hypertension, and Type II diabetes mellitus due to a lack of evidence showing these conditions were incurred or aggravated during active service.

The Veteran's claims for higher initial disability ratings for residuals of gall bladder polyp, status-post laparoscopic cholecystectomy and degenerative disc disease of the lumbosacral spine have been denied. The evidence does not support a higher rating at any time during the applicable periods.

The Board found no evidence to support a service connection for the Veteran's back disability, as his pre-existing congenital scoliosis was not aggravated by service. The claim is therefore denied.

The Veteran's diagnosed degenerative disc disease (DDD) of the lumbar spine was not incurred in or aggravated by service. The Board found that there is no medical evidence linking his current condition to his active duty service.

The Veteran's claims for increased ratings for his cervical and lumbar spine disabilities have been denied. The Board found that the current evaluations adequately reflect the severity of the Veteran's conditions.

The Veteran's lumbar spine injury and resulting sciatica are found to be service-connected, as the additional disability did not result from VA medical treatment.

The Board denied a rating in excess of 20 percent for the service-connected lumbar spine disability, finding that the evidence did not show any exceptional or unusual circumstances warranting an extra-schedular evaluation.