Back / lumbar spine decisions — 2010

The Board denied the appellant's claims for service connection of a low back disorder and an increased evaluation for his right knee disability, finding that there was no causal association between these conditions and his military service. The claim for MDD was granted but with a reduced initial rating.

The Board has reopened the Veteran's claim for service connection for a low back condition, to include as secondary to service-connected right knee strain. The case is remanded for further development and readjudication.

The Veteran's claims for service connection for a back disability and dental condition are being remanded due to the need for additional development of his service treatment records.

The Veteran does not have a current right ankle, low back or neck disability that is related to service. The Board finds no evidence of chronic disabilities at the time of discharge and there is no competent medical evidence linking any current disabilities to service.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder and his TDIU claim. The Board found that new evidence did not raise a reasonable possibility of substantiating the claim, and that the Veteran's current condition was not incurred in or aggravated by service.

The Veteran's appeal was dismissed due to his withdrawal of the increased rating for tinnitus. The claims for service connection and disability ratings were denied, as well as the extension of special monthly compensation.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to the need for additional examinations and records.

The Veteran's service-connected disabilities do not render her helpless as to be in need of the regular aid and attendance of another person, nor does she meet the criteria for housebound status.

The Board has reopened the Veteran's claim of service connection for a low back disorder and has determined that new and material evidence has been received. The Board finds that the in-service injury resulted in the current, chronic lower back pathology.

The Veteran's appeal for service connection for exposure to asbestos, to include asbestosis, has been withdrawn. The Board also dismissed the claim of entitlement to service connection for a low back disorder due to lack of evidence and further development is needed.

The Veteran is seeking service connection for lumbago, claimed as a low back disorder, and the Board finds that additional development is needed due to failure to provide VCAA notice regarding secondary service connection. The Veteran should be provided with a VA examination and obtain a medical opinion on whether it is more likely than not that any diagnosed low back disability is causally or etiologically related to service, including his account of in-service injuries.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) disability benefits records. The RO will then review the claim and readjudicate it.

The Board denied the Veteran's claim of entitlement to service connection for osteoarthritic changes of the thoracic and lumbar spines.

The Veteran's claim for an increased rating for chronic lumbar strain was granted, with a current evaluation of 40 percent. Prior to January 18, 2008, the Veteran was rated at 20 percent due to muscle spasms and loss of lateral spine motion.

The Board found no evidence of a back injury during service and concluded that the Veteran's current low back disability is not related to his military service.

The Board denied service connection for degenerative arthritis of the lumbar spine, shoulders, knees, and ankles. The decision is final as no new evidence or claims were submitted within one year of the last denial.

The Board has remanded the case due to insufficient opinion regarding whether the Veteran's current low back disorder is related to service, specifically motor vehicle accidents during service or post-service injuries.

The Veteran's appeal for an increased rating for PTSD was denied. The issue remains in controversy as the effective date of the increased rating is not addressed.

The Board found that the Veteran's assertions of continuous back pain since an in-service injury were not credible and that there was no evidence to support a finding of service connection for his current back disorder.

The Veteran's lumbar strain and GERD have been rated, with the initial rating of 10 percent for both conditions effective December 1, 2009. The RO has granted service connection for these conditions.