Back / lumbar spine decisions — 2010

The Board has remanded the case for additional development due to incomplete service records and outstanding post-service medical records.

The Board denied service connection for heart disease and lumbosacral disability, including DDD. The Veteran's heart disease is not considered to be related to his military service or a service-connected condition. For the lumbosacral disability, there is no evidence of chronic disability within one year post-service discharge.

The Veteran's appeal is dismissed as he withdrew his appeal of the claim for Parkinson's disease. The claims for lumbosacral strain and cervical torticollis are remanded due to the need for content-compliant VCAA notice, Social Security Administration records, and further development.

The Veteran's appeal is being remanded to obtain additional Social Security Administration (SSA) records and medical records related to his SSA disability determination. The claim will be readjudicated after these records are obtained.

The Veteran's claims for service connection for respiratory disability, hiatal hernia, peptic stomach disability, lumbar spine disability, and Hepatitis C were denied as the evidence does not support a current diagnosis of these conditions or their relationship to service.

The Veteran's claims for increased evaluations and service connection have been denied. The right upper arm burn scars, neuropathic pain, chronic reflux laryngitis, and allergic rhinitis and chronic sinusitis are currently evaluated at the lowest possible ratings.

The Veteran's service-connected disabilities are so severe as to prevent him from engaging in substantially gainful employment, particularly preventing him from performing the physical acts necessary to engage in employment suitable to his education level and specialized training.

The Veteran's claims for service connection for a back disability and residuals of a stroke are being remanded due to the need for additional development, including obtaining in-patient records from Moncrief Army Community Hospital and Lexington Hospital.

The Veteran seeks service connection for a back disorder. The Board has determined that additional development is needed, including obtaining VA treatment records and arranging for an examination to determine the nature, extent, onset, and etiology of any diagnosed condition.

The Board found that the Veteran's current degenerative disc disease of the lumbar spine is more likely related to his military service than to any other factor, including post-service injuries and aging.

The Veteran's disc disease of the lumbar spine is found to be secondary to his service-connected bilateral sacroiliac strain. The claim for a psychiatric disability remains pending.

The Board has determined that new and material evidence was not received to reopen claims for low back disability, residuals of head injury (other than headaches), right leg disability, sinusitis, diabetes mellitus, type II, peripheral neuropathy, cardiovascular disability, diabetic retinopathy, throat disability, and PTSD. The Veteran's claims are denied.

The Board has determined that the Veteran does not have degenerative disc disease of the lumbar spine, chronic coccydynia, or a hip disability that is related to his military service.

The Board found that new and material evidence had been submitted to reopen the claim of service connection for a thoracic spine disorder. However, the preponderance of the probative evidence is against finding that the Veteran's current thoracic spine disorders are related to his military service.

The Board has vacated its previous decision and remanded the case for additional development, including a VA examination to determine the etiology of the Veteran's lumbar spine disorder and bilateral hip disabilities.

The Veteran's claims for service connection for bilateral hearing loss and increased ratings for low back disability, hypertension, and urethritis were denied. The Veteran was granted a temporary total rating for his low back disability from January 10, 2005 to April 30, 2005.

The Board found that the Veteran's degenerative disc disease is not attributable to military service.

The Veteran's service-connected disabilities do not meet the percentage requirements for a TDIU, but his unemployability due to these conditions is supported by medical evidence. The case is REMANDED for further action including obtaining Social Security and Workers' Compensation records, conducting a social and industrial survey, and considering an extraschedular evaluation under 38 C.F.R. § 4.16(b).

The Veteran's lumbar spine disability was granted a 10 percent rating prior to January 26, 2009 and a 20 percent rating from that date. The right hip disability received a 10 percent rating.

The Board has granted service connection for the Veteran's left wrist disability, skin disorder, and back disorder. The hearing loss, tinnitus, and left hip disorders were not found to be related to service.