Back / lumbar spine decisions — 2010

The Board has reopened the Veteran's claim and granted service connection for lumbar and abdominal muscle insufficiency disability, finding that it became manifest during service.

The Board found that the Veteran's upper back disability is not due to, the result of, or aggravated by her service-connected left leg disabilities.

The Board has remanded the case due to unclear service dates and need for additional medical records. The appellant's claim will be reconsidered based on the new evidence.

The Board has determined that the Veteran's current DDD of the lumbar spine, DJD of the right knee, and DJD of the left knee are related to service. The claims for these conditions have been granted.

The Veteran's claims for higher ratings for lumbar strain, bilateral plantar fasciitis, hallux valgus of the left foot, and GERD were granted with a 20 percent rating effective from January 16, 2009.

The Veteran's appeal is being remanded for additional development to determine if his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has granted service connection for the Veteran's back disorder and increased his rating for patellofemoral syndrome of the left knee.

The Board finds that the Veteran's current cervical spine and thoracic spine conditions are likely due to injuries sustained during his active service, granting service connection for these disabilities.

The Board has determined that a remand is necessary to clarify the nature and etiology of the Veteran's back disability, including whether it is related to service or developed within one year of her discharge from service in October 1998, and whether it was caused by or aggravated beyond its natural progression by her service-connected bilateral knee disabilities.

The Veteran's service-connected lumbosacral strain does not meet the criteria for a rating in excess of 10 percent due to her combined range of motion being at least 120 degrees, even with consideration of pain on use.

The Board finds that the Veteran's current lumbar and cervical spine disorders are more likely than not a result of his back injury during active duty for training (ACDUTRA) in 1983, which he has consistently attributed to service. The claims are granted.

The Veteran's service-connected disabilities do not result in the permanent loss of use of a hand or foot, nor does she have ankylosis of either knee and/or hip. As such, she is not eligible for assistance in acquiring an automobile with special adaptive equipment.

The Board has determined that the Veteran's low back disability is not related to service and has denied his claim for service connection.

The Board has determined that the Veteran's current low back disability is related to his service, and thus grants service connection for this condition.

The Board has determined that new and material evidence has been presented to reopen the Veteran's claim for service connection for back disability. The case is remanded for further development, including a VA examination.

The Board has remanded the case for additional development, including obtaining VA examinations and medical opinions regarding the Veteran's cervical spine disability, lower back disability, bilateral shoulder disability, and hypertension.

The Veteran's claims for increased ratings and service connection were generally granted, with some issues remanded. The cervical spine disability was granted a higher rating after April 26, 2006, while other conditions like gastritis, hemorrhoids, headaches, carpal tunnel syndrome in the left wrist, PTSD, tinnitus, hypertension, and vertigo/dizziness (claimed as dizziness) were not established as service-connected.

The Veteran's appeal is being remanded to obtain additional service records and for further examination. The claims will be re-adjudicated after the development.

The Veteran's claims for increased evaluations of his lumbosacral strain with traumatic arthritis, right knee arthritis, and residuals of a right middle finger fracture were denied. The RO found that the evidence did not support ratings in excess of 20 percent for lumbosacral strain with traumatic arthritis or 10 percent for right knee arthritis.

The Board has ordered additional development of the Veteran's claims due to missing VA medical records and requests for private healthcare providers.