Back / lumbar spine decisions — 2010

The Board has remanded the case for further development, including obtaining service treatment records and private medical records to determine if the Veteran's current conditions are related to his military service.

The Veteran's claim for service connection for left ear hearing loss is denied as there is no evidence of a current disability. The claims for right ear hearing loss, tinnitus, and lumbosacral spine status post surgery are remanded due to the need for further development.

The Board found that the Veteran's lumbar and thoracic degenerative disease with disc herniation did not result from his military service.

The Board has granted service connection for a lumbar spine disability and finds that the Veteran's current back pain is related to his military service. The claim for left knee disability, skin disability, acquired psychiatric disorder (PTSD), and hepatitis B was not supported by the evidence of record.

The Veteran's appeal for increased ratings and TDIU was denied. The Veteran is service-connected for degenerative disc disease of the lumbosacral spine, major depressive disorder, and erectile dysfunction, with a combined disability rating of 90 percent.

The Veteran's appeal of the issues regarding service connection for disabilities of the left knee and low back has been withdrawn. The issue of a compensable initial rating for right shoulder disability is being remanded.

The Board has determined that new and material evidence has been submitted to reopen the claims of entitlement to service connection for a lumbar spine disability and a left knee disability. The Veteran's statements regarding his back pain since active service, along with medical records showing diagnoses of degenerative disc disease (DDD) of the lumbar spine and left knee arthritis, are sufficient to raise a reasonable possibility of substantiating these claims.

The Veteran's appeal of the claims for service connection for liver disorder, kidney disorder, post concussion syndrome, cervicalgia, lacerations of the face and nose, right foot contusions, and to reopen the claim of service connection for a low back disability was withdrawn. The claim for an increased rating for tinnitus is denied as there is no legal basis for assignment of a schedular evaluation in excess of 10 percent.

The Veteran's appeal is being remanded to the RO for additional development, including scheduling a videoconference hearing.

The Veteran's claim for an increased rating for his back disability is being remanded due to the need for additional medical examinations and development of records.

The Board finds that the Veteran does not have a current low back disorder that was incurred in or aggravated by his active duty service. The preponderance of evidence is against his claim.

The Board has decided to remand the case for further development, including obtaining private medical records and scheduling a VA examination.

The Veteran's appeal is being remanded to obtain additional medical records and conduct further examinations. The claims for increased ratings for cervical and lumbar spine degenerative joint disease will be reconsidered.

The Veteran's claims for higher ratings for his lumbar spine disability and cervical spine disability are being remanded due to the need for additional development, including obtaining SSA records.

The Veteran's claims for increased disability ratings for his cervical spine, lumbar spine, depressive disorder and panic disorder, and cervical radiculopathy of the upper extremities are being remanded due to the need for additional development.

The Board has remanded the case due to the need for additional development and compliance with VCAA requirements.

The Board has remanded the case for additional development, including obtaining service treatment records and a VA examination to determine if the Veteran's current lumbar spine disability is related to his in-service injury.

The Board denied the Veteran's claims for service connection for PTSD, a right leg disorder, and lumbar strain. The decision is based on the lack of evidence supporting these conditions as being related to military service.

The Board is remanding the case for further development, including consideration of new evidence and issuance of a statement of the case regarding service connection for a lumbar disorder. The Veteran's claim for an increased rating for his herniated nucleus pulposus at T7-8 with neuralgia since January 26, 2005 is also being remanded.

The Board denied service connection for a back disability, finding that the Veteran's current condition is not related to his in-service injury and did not manifest within one year of discharge.