Back / lumbar spine decisions — 2010

The Board has remanded the case due to the need for a supplemental medical opinion regarding whether the Veteran's current back disability is related to her military service.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of ankylosis, severe instability, flexion limited to 15 degrees, extension limited to 20 degrees, or malunion of the tibia and fibula with marked knee or ankle disability in his right knee. His left knee osteoarthritis was considered as a primary condition rather than secondary to his service-connected right knee injury.

The Veteran's service connection claims for a lumbosacral spine disability and bilateral knee disabilities are denied as there is no evidence of a nexus between the conditions and his military service.

The Board has remanded the case for further development and consideration of the Veteran's claim for service connection for a lower back disability due to procedural errors.

The Board has determined that the Veteran's low back disability was incurred in service and granted service connection.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further development, including obtaining medical records and providing VA examinations.

The Veteran's claim for increased ratings for spondylosis of the lumbar spine is being remanded due to outstanding medical records.

The Veteran's Dupuytren's contracture of the right hand was found to be incurred in service and granted service connection.

The Veteran's cervical spondylosis and degenerative disc disease have been granted a separate initial evaluation of 10 percent from March 1, 2005 to March 5, 2010. From March 6, 2010, the Veteran is entitled to an initial evaluation in excess of 10 percent for cervical spondylosis and degenerative disc disease. The lumbar spondylosis with degenerative disc disease narrowing L5-S1 has been granted separate initial evaluations from March 1, 2005 to March 5, 2010 (10 percent) and from March 6, 2010 (20 percent).

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination to determine if the Veteran's current low back disability is related to service.

The Veteran's claims for initial compensable ratings for his low back, right knee, and left knee disabilities are being remanded due to the need for further development through a VA examination.

The Veteran's back disability does not prevent him from engaging in substantially gainful employment of a sedentary nature.

The Board has remanded the case due to insufficient evidence regarding a claimed inservice motor vehicle accident at Aberdeen Proving Grounds in Maryland, which may be relevant to establishing service connection for a back disorder.

The Board denied the Appellant's claim for an initial evaluation in excess of 10 percent for service-connected dorsolumbar strain. The case was remanded to obtain a new VA examination and to assist the Appellant in obtaining private orthopedic and chiropractic records.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine is granted, and he is also granted service connection for intervertebral disc syndrome with radiculopathy as secondary to his service-connected condition. The effective date for the grant of service connection for degenerative disc disease of the lumbar spine is set at October 23, 1995.

The Veteran's service-connected degenerative disc disease of the lumbar spine is rated at 20 percent, effective January 22, 2004. Service connection for torn muscles at the L4-5 vertebrae was denied.

The Board of Veterans' Appeals has determined that the Veteran's service-connected PTSD did not cause or aggravate his diagnosed low back disorder, and therefore denied the claim for service connection.

The Veteran's degenerative joint disease of the lumbar spine has been characterized by pain and limited forward flexion to 10 degrees, but does not meet criteria for an increased rating beyond 40 percent.

The Board has denied the Veteran's claims for service connection for a low back disorder and diabetes mellitus type II, to include as due to herbicide exposure. The denial is based on the lack of medical evidence linking these conditions to service.

The Board finds that the Veteran's low back strain is related to service and grants the claim for service connection.