Back / lumbar spine decisions — 2011

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA treatment records and a VA examination to assess his employability due to service-connected disabilities.

The Veteran's claim for service connection for bilateral hearing loss disability was denied as he does not have a current disability. The claims for acquired psychiatric disorder, left knee disability, right knee disability, left shoulder disability, and low back disability are all considered under the direct theory of service connection.

The Board denied service connection for all claimed disabilities, finding no credible evidence linking any of the conditions to service.

The Board has determined that the Veteran does not have a current low back disability related to his military service and therefore denied his claim for service connection.

The Board has determined that there is no current diagnosis of a right hip disorder, and thus service connection for this condition cannot be granted. The Veteran's bilateral shin splints are not related to his military service. Service connection for the back disorder was denied as well.

The Board has granted service connection for hypertension, finding that the Veteran's current disability is likely due to disease or injury incurred in active service. Service connection was denied for cervical spine degenerative disc disease.

The Board has determined that the Veteran's claimed conditions are not related to his service and have denied all of his claims for service connection.,Specifically, the Board found no evidence of rheumatoid arthritis or tendinopathy in service and concluded that these conditions did not start during service.

The Veteran's lumbar spine degenerative disc disease with mechanical low back strain does not meet the criteria for a higher initial disability rating.,The January 2010 reduction of his right shoulder disability rating from 40 percent to 30 percent was improper, and the previous 40 percent rating is restored.

The Board has determined that the Veteran's fibromyalgia is related to his military service and granted service connection for this condition.

The Veteran's service connection for low back strain and chronic fatigue was denied. The low back strain received a 10 percent rating.

The Board found new and material evidence to reopen the Veteran's claims for service connection for back and left arm disorders. However, it denied these claims on the merits, finding no link between the current conditions and military service.

The Board denied service connection for a bilateral leg/knee disability and a low back disability, finding that the Veteran's conditions are not etiologically related to his period of active service or service-connected pes planus. The TDIU claim was also denied as there is no evidence showing that the Veteran's service-connected condition prevents him from securing and maintaining substantially gainful employment.,The Board determined that the Veteran's subjective symptoms of knee pain are not attributable to an event during active service, nor do they constitute additional impairment due to his service-connected pes planus.

The Board has denied the Veteran's claims for an initial rating in excess of 40 percent for lumbar disc disease and a TDIU. The case is being remanded to determine if the Veteran meets the criteria for a TDIU based on her service-connected disability.

The Veteran's combined disability rating is 80 percent, but she is not found to be unemployable due to her service-connected disabilities.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing.

The Board has determined that the Veteran's neck and low back disabilities are not related to his military service or caused by his service-connected right shoulder disability.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and arranging for VA examinations to assess the nature and etiology of his claimed disabilities.

The Board has dismissed the Veteran's appeals regarding service connection for paranoid schizophrenia, a low back disorder, and conditions secondary to herbicide exposure. The appeal concerning peripheral neuropathy of the upper and lower extremities as well as an increased rating for a cervical spine disability is pending.

The Board has determined that the Veteran's service-connected herniated nucleus pulposus of L5-S1 with anterior compression fracture, L1, lumbar spine does not warrant a rating in excess of 10 percent.

The Veteran is appealing the reduction of his disability rating for service-connected B-Cell lymphoma from 100 percent to a non-compensable evaluation. The appeal is being remanded due to insufficient evidence regarding the current severity and nature of any residuals related to the service-connected condition.