Back / lumbar spine decisions — 2010

The Board has remanded the Veteran's claim of service connection for lumbosacral strain/thoracic spine disability and his TDIU claim due to inadequate notice provided by VA. The claims are being returned for further development.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess his PTSD and low back disability.

The Board has remanded the Veteran's claims due to incomplete records and need for further examination.

The Veteran's right ear hearing loss is related to active duty service and granted. The Veteran's sore throat (manifested by) is presumed to be due to exposure to herbicides, specifically Agent Orange. Service connection for lumbosacral strain is also granted.

The Veteran's claim for a higher rating for his low back disability was denied. The current 40 percent disabling rating remains in effect.

The Board denied the Veteran's petition to reopen his claim of service connection for a low back disability, finding that new and material evidence had not been submitted.

The Board denied the Veteran's claims for increased rating for hemorrhoids, service connection for mental disability (generalized anxiety disorder), sexual dysfunction, right ankle and shoulder disabilities, and reopening of previously denied claims for bilateral knee and lumbar spine disabilities.

The Veteran's low back strain with degenerative changes, L5-S1, is currently rated at 40 percent effective November 26, 2009.

The Board is remanding the case for additional development, including obtaining Army Reserve medical records and providing VCAA notice that complies with Kent v. Nicholson.

The Veteran's claim for an effective date prior to December 26, 2001, for the grant of service connection for degenerative changes of the lumbar spine associated with a service-connected left foot injury is granted.

The Board found that the Veteran's diagnosed lumbosacral and cervical spine disabilities did not manifest due to service, and thus denied his claims for service connection.

The Board found no probative evidence suggesting the Veteran's current low back disorder is attributable to his military service, including especially an injury sustained during training in June 1975.

From May 9, 2008, the Veteran's lumbosacral spine radiculopathy is manifested by a herniated disk with nerve root impingement of the L5-S1 nerve distribution causing moderate to severe impairment, including pain, numbness and weakness of the left lower extremity and foot. The VA has granted a 40 percent rating for this condition.

The Board has vacated its April 9, 2010 decision denying the Veteran's claims for ratings in excess of 10 and 20 percent for his right knee and low back disabilities. The claim for a rating in excess of 20 percent for degenerative disc disease of the lumbar spine is being remanded to the RO. The claim for a rating in excess of 10 percent for post-operative right knee plica excision with scars remains denied.

The Veteran's skin disorder, back disorder, bilateral foot and ankle disorders, and bilateral knee disorders are being remanded for further development to determine their etiology.

The Board found that the Veteran's back disorder is not related to his service-connected varicose veins and denied the claim for secondary service connection.

The Board has remanded the case for further development, including obtaining records related to a workers' compensation claim and scheduling the Veteran for an examination to determine the etiology of his lumbar spine disability.

The Veteran's claim for special monthly pension based on the need for aid and attendance or at the housebound rate was denied as he does not meet the criteria for either benefit.

The Board has reopened the claim for service connection for low back disability, but it is unclear whether the new evidence establishes a direct link to service or if it merely indicates that the Veteran's current condition may be related to his military service.

The Veteran's original claim for service connection was received more than one year after his discharge from active duty, and thus the effective date of service connection is June 8, 2004.