Back / lumbar spine decisions — 2010

The Board has remanded the case for additional development, including obtaining VA and private treatment records and scheduling the Veteran for a VA examination to address the nature and etiology of his chronic low back disorder and chronic groin disorder.

The Board denied the Veteran's claims for increased ratings for his lumbar strain and radiculopathy, finding that the current ratings adequately reflect the severity of his disabilities.

The Board has determined that the Veteran's low back disorder is not attributable to service or his service-connected paralysis of the right femoral and sciatic nerve, and therefore denied the claim for service connection. The PTSD claim will be remanded as it involves a recently-amended regulation.

The Veteran's claim for an increased evaluation in excess of 40 percent for his low back strain with degenerative disc disease and levo-convex scoliosis is being remanded due to the need for updated VA examinations and additional records.

The Veteran's appeal involves the initial rating for degenerative changes of the lumbar spine with stenosis, and a claim for TDIU. The Board has remanded the case to obtain updated VA treatment records and arrange for orthopedic and neurological examinations.

The Board has determined that the Veteran's low back disorder, including lumbar facet arthropathy, was incurred in service and is granted service connection.

The Veteran's claim for an increased rating greater than 20 percent for chronic low back strain and lumbar spondylosis is being remanded due to the need for additional development, including obtaining relevant VA treatment records from March 2010 to the present and private medical records from any identified providers.

The Veteran's appeal is remanded due to the need for additional development of his claims, including obtaining medical records and conducting VA examinations. The issues include increased evaluations for lumbar strain and migraine headaches, as well as an earlier effective date for a 30 percent disability rating for migraines.

The Veteran's degenerative disc disease of the lumbar spine was primarily characterized by flexion ranging from 50 to 90 degrees, with no evidence of favorable ankylosis. The criteria for a rating in excess of 20 percent have not been met.

The Veteran's claims for increased ratings for PTSD and back disability were denied, while his claim to reopen a previously denied asthma claim was granted.

The Veteran's claims for service connection for degenerative disc disease of the cervical spine, lumbar spine, and right knee have been reopened. However, new evidence does not establish a direct relationship between these conditions and his military service.,The Veteran's left knee condition is not shown to be related to his active duty service.

The Board has remanded the case due to inadequate attempts to contact the Veteran and incomplete records. The Veteran's claims for service connection for hip, leg, and low back disorders are now pending.

The Veteran's appeal is being remanded to schedule a videoconference hearing at the RO before a Veterans Law Judge.

The Veteran's claims for service connection for low back disability, bilateral foot disability, and bilateral ankle disability are being remanded due to the submission of additional relevant medical evidence and a need to reschedule an examination.

The Board denied the Veteran's claims for service connection for scoliosis, cervical dorsolumbar paravertebral myositis (claimed as a back condition), and anxiety disorder, not otherwise specified. The decision found clear and unmistakable evidence that the Veteran's pre-existing scoliosis existed prior to her period of active duty service and was not aggravated by an injury sustained during INACDUTRA.

The Veteran's claim for a rating in excess of 40 percent for his service-connected hernia repair with peripheral neuropathy due to degenerative disc disease of the lumbar spine is being remanded for additional development.

The Veteran's claim for an increased rating for his degenerative disc disease with lumbar strain was denied by the RO. The Board previously remanded the case and restored a 40 percent evaluation, but now the issue is being remanded again due to improper reduction of the disability rating.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active military service, nor may arthritis be presumed to have been so incurred. The right leg/knee claim is denied as new and material evidence has not been received.

The Veteran's service-connected disabilities have rendered him unable to care for his daily personal needs and protect himself from the hazards of daily living without regular aid and attendance, warranting special monthly compensation based on the need for regular aid and attendance of another person.

The Board has remanded the case for further development due to incomplete medical records and a need for clarification of the examiner's opinion regarding the etiology of the Veteran's back disability.