Back / lumbar spine decisions — 2010

The Veteran's appeal is being remanded for a new VA examination to assess the impact of his service-connected low back disability on his employability.

The Board has denied the Veteran's claims for service connection for various conditions, including sickle cell anemia, ulcers, cold injury residuals of the feet, bilateral leg injuries, back disability, and loss of teeth. The decision found that no new and material evidence had been received to reopen the claim for sickle cell anemia, and that there was insufficient evidence to establish service connection for the other conditions.

The Board has denied the appellant's claims for specially adapted housing and financial assistance in acquiring an automobile or adaptive equipment due to a lack of evidence showing loss of use of lower extremities, blindness in both eyes, or anatomical loss of use of hands.

The Board has determined that the Veteran's current back disability is related to his service-connected bilateral knee disability and grants service connection for this condition.

The Board has determined that the Veteran's left wrist disorder and degenerative disc disease with herniated nucleus pulposus of the lumbosacral spine did not have their onset during service or are related to any incident in service, including lifting heavy objects. As such, service connection for these conditions is denied.

The Veteran's service-connected herniated nucleus pulposus of the lumbar spine is currently rated at 10 percent, and her left knee disability was not incurred in or aggravated by service. The Board finds that additional evidence is needed to determine if there are any other conditions related to service.

The Board found that the Veteran's lumbar spine disability is not secondary to his service-connected knee and hip disabilities, nor was it permanently aggravated by active military service. As such, the claim for service connection was denied.

The Veteran seeks service connection for a lumbar spine disorder, including scoliosis, spondylolisthesis, and degenerative disc disease. The Board has remanded the case due to incomplete medical records and need for additional examination.

The Board has remanded the Veteran's claims for higher initial ratings for her service-connected thoracolumbar spine and right shoulder arthritis due to additional development, including obtaining SSA records and a new VA examination.

The Board has denied the Veteran's claims for service connection for a right knee disorder, back pain secondary to PTSD, and an acquired psychiatric disorder (PTSD). The claim for left knee disorder was previously denied. The Veteran's increased rating claims have also been denied.

The Veteran's claim for payment of services provided by Florida Hospital Fish Memorial on June 26, 2007 is being remanded due to the need for further development and consideration.

The Veteran's claims for service connection, TDIU, and educational benefits were denied. The Board found no clear and unmistakable error in the denial of service connection for a back disability.

The Board found that the Veteran's current low back and neck disorders are not attributable to his military service, specifically the injury in June 1994. The most probative evidence indicates no such cause-and-effect correlation.

The Veteran's lumbosacral strain is characterized by recurrent low back pain, with some radiation into the lower extremities, little to no limitation of motion, and mild tenderness of the paraspinal musculature. The disability does not meet the criteria for a higher rating.

The Veteran's claims of service connection for various conditions, including PTSD and hypertension, were denied. The Board found that new and material evidence had not been received to reopen the previously denied claims.

The Board has determined that the Veteran's current lumbar spine discogenic disease is at least as likely as not related to his in-service back injury and symptoms, with no evidence of an intercurrent injury since service. The Veteran's lay testimony supports this finding.

The Board denied the Veteran's claim for an initial rating in excess of 10 percent for his service-connected lumbosacral strain, finding that the evidence did not meet the criteria for a higher evaluation under VA disability rating criteria.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 10 percent, and the Board finds that this rating is appropriate given her range of motion findings.

The Veteran's thoracolumbar spine disability has been granted a 30 percent extraschedular rating effective September 23, 2003. The issue of entitlement to TDIU is addressed in the REMAND portion of this decision.

The Board has determined that the Veteran's neck and back disorders were not incurred or aggravated by service, nor may they be presumed to have been. The claims for service connection are therefore denied.