Back / lumbar spine decisions — 2010

The Veteran's claims for higher ratings for lumbar disc disease, right knee traumatic arthritis, and residuals of right knee injury with chondromalacia patella and synovitis were denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has remanded the case for further proceedings consistent with a Court memorandum decision, including scheduling an appropriate VA examination to determine the nature and likely etiology of the Veteran's claimed back disability.

The Board dismissed the appeal due to the Veteran's death, and no jurisdiction remains for further action.

The Veteran's claims for increased ratings for postoperative residuals of lumbar and thoracic spine injuries are being remanded to the RO for further development.

The Veteran's service treatment records do not show a diagnosed back disorder. The Board finds that there is no competent evidence of a current back diagnosis, and therefore the claim for service connection for a back disorder is denied.

The Veteran's claim for higher initial ratings for his service-connected degenerative changes of the lumbar spine was denied. The VA awarded a higher rating (40 percent) effective January 15, 2010.

The Board has determined that severance of service connection for arthritis of the lumbar spine was proper due to a clear and unmistakable error in the October 2004 rating decision.

The Veteran's low back injury with a history of a herniated nucleus pulposus is currently rated at 20 percent, and the Board found that it does not meet the criteria for a higher rating based on current symptoms.

The Board found that the Veteran's current back disability did not begin in service and was not caused by any incident of service, thus denying his claim for service connection.

The Veteran's claim for service connection for a low back disability was granted with an effective date of December 29, 1992. The earlier submitted supporting medical nexus opinion is considered in this decision.

The Board has remanded the Veteran's claims for bilateral hearing loss, back disability, left knee disability, and ulcer to allow for additional development. The claims will be considered on the basis of the evidence of record.

The Board denied the Veteran's claims of service connection for bilateral hearing loss, tinnitus, and an increased rating for his lumbar spine disability. The decision also addressed a previously denied claim to reopen for bilateral hearing loss.

The Board denied the Veteran's claim of service connection for a low back disorder, finding no evidence of chronic disability resulting from in-service injury or disease.

The Veteran's claim for service connection for bilateral hearing loss is granted, as the overall record supports a finding that his current bilateral hearing loss disability is related to service. The Board finds in favor of the Veteran and resolves all reasonable doubt in his favor.

The Board has remanded the case due to the need for additional VA and non-VA treatment records related to the Veteran's cervical and lumbar spine disorders.

The Veteran's initial ratings for degenerative disc disease of the lumbar spine, hypertension, and gastroesophageal reflux disease (GERD) with peptic ulcers were denied. The Veteran's service connection claims are based on direct evidence rather than a presumption or secondary to another condition.

The Board has determined that additional development is needed to determine the etiology of the Veteran's claimed disabilities and whether they are related to service. The case will be remanded for a VA examination.

The Veteran's claim for special monthly pension on the basis of need for regular aid and attendance due to his lumbar spine disability is being remanded for further evaluation, including an updated VA examination.

The Veteran's claim for service connection for erectile dysfunction due to his service-connected diabetes mellitus, type II, is granted. The claims for hiatal hernia with GERD and other conditions are being remanded as new evidence was submitted post-October 2006 SOC.

The Veteran's appeal is being remanded for a Travel Board hearing and further development.