Back / lumbar spine decisions — 2011

The Board finds that the Veteran's cervical and dorsal spine disabilities are directly related to his service, with reasonable doubt resolved in favor of the Veteran.

The Board has determined that further development is needed to determine if the Veteran's low back disorder is related to his period of service, including a conceded in-service injury. The case is therefore REMANDED for a VA examination and readjudication.

The Veteran's request for payment for three-level alternative disc replacement surgery to be performed in Germany, including travel expenses, is denied because the procedure and devices are not approved by the FDA.

The Board has remanded the case for further development due to a misaddressed supplemental statement of the case. The Veteran's claims for service connection, increased rating, and TDIU are still pending.

The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions and incomplete factual assessments of his current diagnoses.

The Board has determined that additional development is necessary before the claim of service connection for a lumbar spine disability can be adjudicated. This includes obtaining VA and private treatment records, as well as scheduling the Veteran for a new VA examination to determine if his current lumbar spine disability is related to his in-service incident onboard the U.S.S. DENEBOLA.

The Veteran's DDD with chronic lumbosacral strain was rated at 40 percent prior to April 1, 2010. Effective from April 1, 2010, the Veteran is entitled to a 60 percent rating for his disability due to incapacitating episodes of intervertebral disc syndrome (IVDS). The TDIU claim was granted effective April 1, 2010.

The Board has determined that the Veteran does not have any current residuals of a nose injury, low back condition or left knee condition that are service-connected. The evidence does not support his claims.

The Veteran's low back disorder is manifested by favorable ankylosis and neurological manifestations, including right lower extremity radiculopathy. The Board finds that the criteria for a 40 percent evaluation have been met.

The Veteran's lumbosacral strain disability was found to be manifest by limitation of forward flexion of less than 30 degrees, which did not meet the criteria for a higher rating. The claim for an increased rating was denied.

The Veteran's claims for increased ratings were denied. The Board found that the records necessary to adjudicate his claims had not been located and that he was provided with proper VCAA notice.

The Board has denied the Veteran's claims of service connection for low back, left hip, right hip, and left shoulder disabilities due to lack of evidence linking these conditions to his military service.

The Board has remanded the case for further development, including providing VCAA notice and scheduling a VA examination to determine the nature and etiology of the Veteran's neck disability, including as secondary to his service-connected lumbosacral spine disability.

The Board has reopened the Veteran's claims for service connection for a back disability and bilateral knee disabilities. However, the evidence does not establish that these conditions are related to his military service.

The Board has remanded the case to obtain clarification on the examiner's opinions regarding the Veteran's thoracolumbar and cervical spine disabilities, as well as additional medical records. The appeal is currently in a state of pending status.

The Veteran's claims for increased evaluations of his service-connected lumbar spine disability, right and left lower extremity numbness, and major depressive disorder were denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran was granted service connection for PTSD, diabetes mellitus, back condition, sciatica, Bell's palsy, and heart condition. The effective date of the grant of service connection for diabetes mellitus is set to November 17, 2005.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide a VA examination to determine the nature and etiology of her claimed disabilities.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of claim. The right shoulder disability is not entitled to a higher rating.

The Veteran's appeal is being remanded to the RO for further development, including obtaining VA and private medical records, scheduling examinations, and readjudicating his claims.