Back / lumbar spine decisions — 2011

The Veteran's appeal is being remanded for a new hearing and to transfer jurisdiction of the claims folder to the appropriate RO nearest the Veteran.

The Veteran's degenerative arthritis of the lumbar spine and sensory deficit of the anterior branch of the medial calcaneal nerve, left foot have been rated as 10 percent for the periods specified. The effective dates are based on when these disabilities were first service-connected.

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of the recent revisions to 38 C.F.R. � 3.304(f)(3).

The Veteran's appeal is denied as the claims for higher ratings for depressive disorder and fracture, left big toe are not granted. The claim for service connection for PTSD, low back disability, skin condition, headaches, gynecological problems, allergies, joint pain, and dental trauma are also denied.

The Board has determined that a VA examination is needed to determine if the Veteran's low back disability is proximately due to, or aggravated by, his service-connected left knee disability. The case will be remanded for this purpose.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's current right knee disability, as well as whether any service-connected conditions are related to his active duty or National Guard service. The Veteran will be provided with a VA examination for these purposes.

The Veteran's service-connected conditions have been evaluated based on the current rating criteria, with no new or higher ratings granted.

The Board found that new and material evidence had not been received to reopen the claims of service connection for residuals of hepatitis and a low back disorder. The Veteran's current conditions were attributed to inservice injuries, but there was no medical evidence showing chronic conditions resulting from these inservice treatments.

The Board found that the Veteran's claimed conditions were not incurred or aggravated by his active service and denied all of his claims.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional development, including obtaining medical records and an examination.

The Board has determined that the Veteran's current low back disability, diagnosed as lumbar degenerative joint disease, is related to his military service and grants entitlement to service connection.

The Board has determined that the Veteran's cervical and lumbar spine disabilities were not incurred in or aggravated by service, and thus denied service connection for these conditions. The claim to reopen a previously denied claim of service connection for a psychiatric disability was also denied due to lack of new and material evidence.

The Board found that the Veteran's current low back disability and vision problems are not related to his service, including any exposure to burn pits, Agent Orange, Camp Lejeune, or radiation. The claim for service connection was denied.

The Veteran's service-connected migraine headaches are rated at the highest possible evaluation of 50 percent, and his service-connected lumbar spine stenosis is also granted a maximum rating. The radiculopathy of the right lower extremity has been granted a maximum rating as well.

The Veteran's DDD and DJD of the cervical spine are currently rated at 10 percent disabling, effective March 11, 2004. The appeal for higher initial ratings is denied.

The Board found that the Veteran's back and right hip disorders are not related to his service-connected knee disabilities, as there is no evidence of a pre-existing condition or any link between the current conditions and active duty.

The case is being remanded for further development and an additional VA examination to determine the nature, severity, and etiology of any back disabilities. The Veteran's service treatment records will be considered in conjunction with the examination.

The Veteran's claim for an increased rating for his mechanical low back pain was granted, with a 20 percent rating effective February 12, 1999. The evidence did not support a higher rating.

The Board has remanded the case to the Department of Veterans Affairs Regional Office for compliance with instructions in a Joint Motion, and the Veteran's claim for an initial compensable rating for lumbosacral strain is now pending before the RO.

The Veteran seeks a disability rating in excess of 40 percent for his service-connected degenerative disc disease of the lumbosacral spine. The case is remanded to obtain additional evidence and consider extraschedular evaluation.