Back / lumbar spine decisions — 2011

The Board has found that the Veteran's low back disorder was incurred during her military service and grants the claim for service connection.

The Veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment.

The Board has determined that the Veteran's low back disability was not incurred or aggravated by service and is not related to any incident of service, including a motor vehicle accident in 1979. The VA examination reports do not support a finding of direct service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) disability benefits records. The case will also be readjudicated to determine if the Veteran meets the criteria for a TDIU based on his low back disability alone.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that there is no evidence of a current disability for the right and left knees, and service connection cannot be granted as the appellant did not present any chronic knee problems during or after service.

The Veteran's claim of service connection for a lumbosacral spine disability is being remanded due to the need to obtain SSA records and provide the Veteran with a VA examination.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for headaches, fatigue with insomnia, and left knee disability. The case is being remanded to obtain additional medical records and to schedule the Veteran for VA examinations.

The Veteran's service-connected low back disability warrants a 40 percent rating from May 4, 2008. A higher rating is not warranted at any time during the appeal period.

The Veteran's claims for an increased evaluation for cervical spine disability, service connection for PTSD, and impotency were denied. The right arm injury claim was reopened but not granted. Service connection for a depressive disorder was granted.

The Veteran's depression was first manifested during active duty service and is therefore service-connected.

The Veteran's service-connected disabilities, alone, are not shown to be of such severity as to effectively preclude all forms of substantially gainful employment.

The Board is remanding the Veteran's claims for further development, including obtaining additional medical records and scheduling new VA examinations to determine the nature and etiology of his right shoulder injury and low back disability.

The Veteran's application to reopen his service connection claims for low back disability, right foot and heel disability, bilateral knee disability, right leg disability, bilateral hip disability, right elbow disability, cervical spine disability, pseudofolliculitis barbae, hemorrhoids, and right ankle disability is considered. New evidence has been submitted that may support reopening of some of these claims.

The Board found that the Veteran's current back disability is not related to his active military service and denied the claim.

The Board has determined that the Veteran's DDD of the cervical spine is due to a process of degeneration that began after he sustained an injury during his service in Vietnam. As such, the claim for service connection is granted.

The Veteran's claim for an increased rating for his service-connected cervical spine degenerative disc disease was denied by the RO, with a final denial in April 1995. The VA examinations conducted prior to this decision showed moderate limitation of motion and no neurological abnormalities.

The Board found that the Veteran does not have a current back disability that is causally or etiologically related to his service, and therefore denied the claim for service connection.

The Board denied the Veteran's claims for service connection for bilateral knee, leg, and low back disabilities due to a lack of medical evidence linking these conditions to his military service.

The Board has determined that there is no evidence of a current back condition and thus the Veteran does not meet the criteria for service connection.