Back / lumbar spine decisions — 2011

The VA has determined that the Veteran's low back strain with DDD does not warrant a rating higher than 10 percent since May 11, 2006.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to his active service, while varicose veins of the left leg were likely caused by or a result of military service.,Service connection is granted for cervical spine disability, lumbar spine disability, and varicose veins of the left leg.

The Board has determined that the Veteran's low back disorder had onset during his active service and granted service connection for this condition. The left knee disability, however, did not have onset during his active service and was denied.

The Veteran's service-connected degenerative disc disease of the cervical and lumbar spine has been rated at 10 percent since December 18, 2009. The initial ratings for both conditions have not exceeded this level.

The Board has remanded the case for further development due to the need for a new VA examination and consideration of additional evidence.

The Board found that the Veteran's low back disorder was not incurred or aggravated by service, as there is no clear and unmistakable evidence of a pre-existing condition. The examiner noted that the Veteran had chronic back pain prior to service but denied any football injury.

The Veteran's service-connected degenerative disc disease status post laminectomy and foraminotomy has rendered him unable to secure or follow substantially gainful employment, meeting the criteria for a TDIU.

The Veteran's appeal is being remanded for additional development of the record, including obtaining private treatment records from the Cleveland Clinic and VA medical records.

The Board found that the Veteran's residuals of a right hip replacement and degenerative disc disease with lumbar stenosis, right foot drop, and radiculopathy are not etiologically related to service or a service-connected disability.

The Board has ordered a remand for further development regarding the Veteran's claims of service connection for hypertension and a low back disorder, specifically addressing whether these conditions are secondary to his service-connected kidney stones. The case will be reconsidered with consideration given to the provisions of 38 C.F.R. § 3.310.

The Board found no current diagnosis of a low back disorder and denied the claim for service connection.

The Board has remanded the case for issuance of a Statement of the Case (SOC) regarding the issues of service connection for osteoarthritis of the lumbar spine, evaluation in excess of 30 percent for pulmonary tuberculosis, and evaluation in excess of 30 percent for angina-like chest pain. The TDIU issue is also remanded.

The Veteran's appeal is being remanded to obtain additional medical examinations and records, as well as for further development of the claims.

The Board has granted the Veteran's claim of service connection for a lumbosacral spine disability. The appeal for service connection for hemorrhoids was withdrawn by the Veteran prior to the issuance of a decision.

The Veteran's right shoulder disability is rated at 30 percent, the highest available rating under Diagnostic Code 5301. The effective date for this rating has not been determined.

The Veteran seeks service connection for a back condition, which he claims is related to his service-connected right leg disability. The Board has determined that additional development is needed before the claim can be properly adjudicated.

The Veteran's appeal is remanded for further development and adjudication, including obtaining updated medical evaluations and opinions regarding his ability to engage in the profession of massage therapy.

The Veteran's claim for service connection for residuals of a right leg bruise was reopened, but his low back disorder was not found to be related to military service.

The Veteran's current low back disorder is related to his active duty service, and the Board grants service connection for this condition.

The Veteran's claim for an earlier effective date for a total disability rating based on unemployability due to service-connected disabilities is being remanded for clarification of his financial situation and additional evidence.