Back / lumbar spine decisions — 2010

The Board found no evidence of a nexus between the Veteran's current lumbosacral strain and his military service, thus denying the claim for service connection.

The Board denied the Veteran's claim for service connection for a low back disorder, concluding that there was no evidence of an in-service injury or disease and insufficient medical evidence to establish a nexus between current disability and service.

The Board has denied the Veteran's claims for service connection for a psychiatric disorder and an initial rating in excess of 10 percent for his low back disability. The claim for TDIU is considered part of the pending low back claim.

The Board has determined that the development of the Veteran's employment status and medical treatment records is incomplete, and another attempt to examine the Veteran should be made. The case is being remanded for these purposes.

The Board has granted service connection for keloid scars on the chest, finding that they were incurred in service. Service connection for a low back disability was denied as there is no evidence of such condition during service or within one year after discharge.

The Board found that the Veteran's lumbar spine, right ankle, and right foot/heel disorders were not caused or aggravated by her service-connected status post bunionectomy of the right toe. The claims for service connection are therefore denied.

The Board has restored the Veteran's original 10% rating for mechanical low back strain, finding that there was material improvement in her condition without additional examination. The current evidence does not meet the criteria for a higher rating.

The Veteran's appeal is remanded for a VA examination to determine if his current low back disability is related to service, and for obtaining medical records.

The Board has determined that the evidence does not clearly and unmistakably establish that the Veteran's low back disability is unrelated to his active service, thus restoring service connection for degenerative joint disease of the lumbar spine. The same reasoning applies to the restoration of service connection for osteoarthritis of the right hip, L5 radiculopathy of the right lower extremity, and L5 radiculopathy of the left lower extremity.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the thyroid neoplasm was not incurred in or aggravated by active military service, and his migraine headaches, lumbar degenerative disc disease, left lower extremity radiculopathy, and hypothyroidism did not meet the criteria for higher initial ratings.

The Board has determined that the Veteran's low back disability is related to an injury during active duty for training (ACDUTRA) and grants service connection.

The Veteran's claims for increased ratings for his thoracic and lumbar spine disabilities have been denied. His separate 10 percent ratings for post-operative residuals, compression fracture, of the thoracic spine and degenerative arthritis of the lumbar spine with pain on motion were maintained prior to July 18, 2009. As of July 18, 2009, his disability was rated as 40 percent disabling.

The Veteran's claims for increased evaluations for his service-connected lumbar spondylosis and degenerative disc disease have been denied. The Board found that the evidence did not meet the criteria for an initial evaluation in excess of 10 percent from June 16, 2003, to February 22, 2010; a 20 percent evaluation was granted effective February 22, 2010. The Veteran's claim for a higher evaluation on or after June 24, 2010, remains denied.

The Veteran seeks service connection for degenerative disc disease of the lumbosacral spine, which he claims is related to his service-connected right hip disability. The Board has determined that additional development is needed before a decision can be made.

The Board found that the Veteran's degenerative disc disease of the cervical and lumbar spine, osteoarthritis of multiple joints, and acid reflux disease were not incurred in or aggravated by service. The disorders are presumed to be related to his military service due to exposure to herbicide agents like Agent Orange.

The Veteran's appeal was denied for service connection of cervical radiculopathy of the bilateral upper extremities. The initial rating claims for multi-level disc syndrome of the lumbar spine were also denied, with a denial since February 3, 2006.

The Veteran's claim for an increased rating for his back disability was denied, as the evidence did not support a higher rating. The effective dates for TDIU and DEA were granted.

The Board found that the appellant's current lumbar spine disability is not related to his period of active duty for training in July 1993, and thus denied service connection.

The Veteran's low back disability is rated at 50% and the Board finds that he does not meet the criteria for a TDIU based on this rating alone.

The Veteran's appeal is remanded due to the need for additional VA examination and treatment records, as well as further development of his claim.