Back / lumbar spine decisions — 2010

The Board denied the Veteran's claim of entitlement to service connection for a low back disability in November 2005. The evidence submitted since then does not relate to an unestablished fact necessary to substantiate the claim.

The Board has denied service connection for a broken tooth due to lack of evidence of dental trauma during active duty. The remaining issues are being remanded for further development.

The Board has granted service connection for a right shoulder disability incurred in active military service and awarded an increased rating for degenerative disc disease of the cervical spine. The issue of entitlement to TDIU is dismissed as the Veteran withdrew his appeal.

The Board has granted a 30 percent rating for service-connected sinusitis, finding that the Veteran's disability picture more nearly approximates a disability picture of more than six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge or crusting. The claim for service connection for back disability is remanded due to the need for an appropriate VA examination.

The Board has granted service connection for degenerative disc and joint disease of the lumbar spine, finding that it is related to an in-service injury. The Veteran's current condition was not noted at entry into service but he had symptoms during service and continues to have them post-service.

The Veteran's appeal is remanded due to deficiencies in the statement of the case and because his left ankle disability has worsened. He must be afforded a VA examination, and all relevant private treatment records must be requested.

The Board has remanded the case for additional development, including obtaining service treatment records from the West Virginia National Guard and scheduling a VA examination to assess the appellant's bilateral dry eye disability and left shoulder condition.

The Board has granted service connection for degenerative disc disease of the lumbar spine, finding that it had its onset in service and is related to the Veteran's line-of-duty injuries during National Guard service.

The Veteran's claim for service connection for a back disorder, lumbar spine degenerative disc disease, and bilateral hearing loss is granted. Service connection for the back disorder and lumbar spine degenerative disc disease is established due to in-service injury and continuity of symptomatology post-service. Bilateral hearing loss is not established as a disability.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and a VA examination to assess his current level of disability. The issue of TDIU has also been raised due to the Veteran's recent award of Social Security Administration benefits.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, and the evidence does not support a higher rating.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, as well as a VA orthopedic examination to determine if the Veteran's current low back disability is related to his service or any incident therein.

The Board has remanded the Veteran's claims for increased ratings due to incomplete development and examination.

The Board found no evidence to support a service connection for post-traumatic discogenic disease of the lumbosacral spine, as there was no medical opinion linking current symptoms directly to military service.

The Veteran's claim for TDIU is being remanded due to the need for clarification on whether he is unable to secure or follow substantially gainful employment solely as a result of his service-connected conditions.

The Veteran's claims for increased ratings for dysthymia and low back syndrome are being remanded due to the need to consider additional evidence, including VA treatment records from a different facility. The nature of his service-connected conditions and their relationship to each other must also be clarified.

The Board has determined that the Veteran was not unemployable due to his service-connected disabilities prior to November 21, 2003. Therefore, an effective date earlier than November 21, 2003, for TDIU is denied.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no current diagnosis of such condition and concluding that the preponderance of evidence did not support the claim.

The Board has remanded the case for another VA examination to determine if any low back and/or knee disability found is related to service or was manifested within one year of discharge.

The Veteran's appeal was dismissed due to the death of the appellant.