Back / lumbar spine decisions — 2010

The Board has again remanded the claims due to deficiencies in a medical nexus opinion obtained, and further development is needed.

The Board finds that the Veteran's left knee disability, including residuals of injury and DJD, is related to his active service. Service connection for a low back disability, including residuals of injury and lumbar strain, is granted as secondary to the left knee disability.

The Veteran's claim for increased ratings for his service-connected arthritis of the lumbar spine has been granted, with a disability rating of 20 percent effective as of August 23, 2007. A separate 10 percent rating is assigned for his lumbar radiculopathy from November 13, 2007 through May 21, 2008.

The Board denied reopening of the claim for service connection for chronic lumbosacral strain and also denied service connection for degenerative disc disease of the lumbosacral spine. The evidence did not show a relationship between these conditions and active service.

The Veteran's back and cervical spine disorders are not service-connected, and the VA did not cause his increased disability through negligence or fault.

The Board found that the Veteran's current low back disability was not incurred or aggravated during his qualifying service, and thus denied the claim for service connection.

The Veteran's claims for increased ratings were granted, with the low back strain claim receiving a 20 percent rating prior to September 26, 2003 and the chronic fatigue syndrome claim receiving a 40 percent rating prior to August 15, 2000.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine was granted, with an effective date prior to April 13, 2005.

The Board finds that the Veteran's hearing loss is not related to his military service, as evidenced by the lack of a documented history of hearing problems during or immediately after service and the absence of any medical evidence linking current hearing loss to noise exposure in service. The Board also notes that there was no audiometric testing conducted at either entrance or separation from service.

The Board finds that the Veteran's current low back disorder is a result of his active duty service and grants entitlement to service connection on a direct basis.

The Veteran's appeal is being remanded for a videoconference hearing at the RO.

The Board has reopened the Veteran's claim of service connection for recurrent low back strain and remanded his case for further development. His claim is now to be evaluated de novo.

The Veteran's claims for service connection are being remanded due to the need to obtain additional medical records and conduct further examinations.

The Board has determined that the Veteran's lower back disability, characterized by degenerative changes of the lumbar spine and left sacroiliac joint strain, warrants a rating of 10 percent under the General Rating Formula for Diseases and Injuries of the Spine. The current rating is appropriate given the Veteran's range of motion and symptoms.

The Board denied service connection for lumbosacral strain, arthritis, and degenerative disc disease as the Veteran's current disability was not shown to be related to his military service.

The Veteran's low back disability was found to warrant a 20 percent rating prior to September 4, 2007. A separate 10 percent evaluation for right lower extremity nerve damage due to the service-connected low back condition was granted.

The Veteran's claim for TDIU is being remanded due to the need for an adequate VA examination and a determination of whether his service-connected disabilities render him unable to secure or follow substantially gainful employment.

The Board has restored service connection for degenerative disc disease of the lumbar spine and reinstated entitlement to a TDIU, as both were improperly severed or terminated.

The Veteran's appeal is being remanded to schedule a personal hearing before the Board of Veterans' Appeals.

The Veteran seeks service connection for degenerative disc disease of the thoracolumbar spine with arthritic changes, which he claims is related to his military service. The VA examiner found no evidence of a continuity of treatment and questioned the Veteran's reported history of chronic pain since service. The Board finds this inadequate and remands the case for further development.