Back / lumbar spine decisions — 2010

The Veteran's appeal involves multiple issues related to her service-connected lumbar spine disability, including increased ratings and TDIU. The case is being remanded for additional development of the claims.

The Board has remanded the case due to additional development being required, including obtaining private medical records and scheduling a VA examination.

The Board has remanded the case for additional development due to inadequate examination and missing relevant medical findings.

The Board found that the Veteran's back, bilateral hip, left knee, and right knee disorders are not related to his service-connected pes planus. The claims for secondary service connection were denied.

The Veteran's claims for higher ratings on his low back disability, bilateral plantar fasciitis, and TDIU are being remanded due to the need for further development including medical examinations.

The Veteran's claims for a higher rating for his lumbosacral strain and for TDIU are being remanded due to the need for additional development, including medical examinations.

The Veteran's service-connected DDD involving the thoracic and lumbar spine(s) with Schmorl's node at T12-L1, L1-2, and L2-3 and mild disc bulging at L1-2, L2-3, and L5-S1 was granted a 40 percent disability rating effective September 15, 2006.

The Board found clear and unmistakable evidence that the Veteran's ankylosing spondylitis or similar arthritic disorder preexisted service. The condition was not aggravated during service, and thus service connection is denied.

The Veteran's appeal is being remanded for further development, including an additional VA examination to assess the severity of his service-connected lumbosacral strain with traumatic arthritis and consideration of additional private treatment records.

The Veteran's low back disability has been rated at 20 percent since July 11, 2005. The rating is for the orthopedic manifestations of his condition and takes into account moderate limitation of motion.

The Board has granted service connection for a right shoulder disorder and found that new and material evidence has been presented to reopen the claims of service connection for back and left wrist disorders. The Veteran's right shoulder disorder is deemed to be related to his active duty, while the back and left wrist disorders are considered to have developed due to pre-existing conditions.

The Veteran's overpayment of VA disability compensation was properly created due to concurrent receipt of active duty military pay and VA compensation benefits while on active duty.

The Board found that the Veteran's current lumbar spine disorder is not related to his active service and denied all other claims. The Veteran was not granted service connection for a lumbar spine disorder, nor were any increased ratings or TDIU granted.

The Board has determined that the Veteran's right knee, back, neck, left lower extremity sciatica, and acquired psychiatric disorders are not related to his period of service or any aspect thereof, including a service-connected disability. As such, these claims for service connection have been denied.

The Veteran's claim for increased rating in excess of 20 percent for type II diabetes mellitus was denied. The disability picture does not meet the criteria for a higher evaluation as it only requires oral hypoglycemic agents and a restricted diet.

The Veteran's spouse requires regular personal care assistance from another person due to various disabilities, and the Board has determined that she is in need of aid and attendance.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the severity of his service-connected right and left knee disabilities and any low back disorder.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the nature and etiology of his service-connected conditions.

The Board has remanded the Veteran's claims due to the need for further development of his medical records and VA examinations.

The Board denied the Veteran's claims for service connection for a low back disorder and asbestosis. The claims were remanded multiple times, but the evidence did not support granting these claims.