Back / lumbar spine decisions — 2011

The Board has ordered the case to be remanded for additional development, including obtaining medical records and conducting a VA examination to assess any neurological impairment associated with the Veteran's lumbar spine disability.

The Veteran's back disability is granted, but her right and left fifth toe disabilities are denied as the evidence does not support a higher rating.

The Veteran's claims for service connection for a psychiatric disorder, asthma, bronchitis, and low back disorder have been granted. The case is being remanded to schedule the Veteran for a VA psychiatric examination.

The Veteran's claims for increased ratings for lumbosacral strain with disc disease and left lower extremity radiculopathy were denied as the evidence did not meet the criteria for a higher rating under the applicable VA Schedule for Rating Disabilities.

The Veteran's claim for increased ratings for degenerative joint disease of the lumbar spine with recurrent strain was denied as his disability did not meet the criteria for a higher rating prior to August 20, 2003 and from that date forward.

The Board has determined that the Veteran's current back disorder is not related to his military service and therefore denied his claim for service connection.

The Board has remanded the case for additional development due to incomplete records and further examination of the Veteran's claims for service connection for low back disorder and left shoulder disorder.

The Board has decided to remand the reopened claims of service connection for right knee, right shoulder, low back, bilateral hearing loss, and left knee disabilities due to the need for further development.

The Veteran's death was not caused by, or substantially or materially contributed to his death, by any service-connected disability. The Board found that the cause of death was pneumonia, and determined that the Veteran's service-connected arthritis did not contribute substantially or materially to his death.

The Veteran's claims for service connection were denied. The Board found that tinnitus was not incurred in or aggravated by active service, a back disorder and neck disorder were first shown after service and following post-service injuries, and hearing loss did not meet the criteria for an initial compensable rating.

The Veteran's cervical spine disability has been rated at 20 percent since November 3, 2006. This rating is appropriate as the evidence shows forward flexion limited to 24 degrees.

The Board found no evidence of a current disability related to service for spondylosis with disc space narrowing lumbosacral spine and degenerative changes, right shoulder. The Veteran's assertions were deemed not credible due to the lack of continuity of symptoms since service.

The Veteran withdrew his service connection claims for bilateral hearing loss, tinnitus, and lung cancer prior to the Board's decision.

The Board has determined that further development of the record is required to determine if the Veteran's private medical expenses incurred on January 5, 2005 were for an emergent condition and whether VA facilities were feasibly available.

The Board has remanded the case for additional development due to incomplete medical records and further examination.

The Board found that new and material evidence had not been received to reopen the Veteran's claims for service connection for a low back disorder and a left hip disorder, as the submitted evidence did not relate to any of the missing elements required for these claims.

The Board denied service connection for various foot, ankle, knee, hip, and low back conditions as well as bilateral eye conditions. The Veteran's claims were not supported by the evidence of record.

The Veteran's death was caused by an accidental acute tramadol intoxication, which is related to his service-connected lumbar spine disability. However, the Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he had not been continuously rated totally disabled for at least five years immediately prior to death.

The Board has remanded the case due to the need for additional development, including a VA examination and review of medical records.

The Veteran's hypertension is not service-connected as it is unrelated to his service-connected DDD of the lumbar spine.,His DDD of the lumbar spine results in pain and limited range of motion, but does not warrant an increased rating.