Back / lumbar spine decisions — 2011

The Board has remanded the case due to a scheduling issue and requests that the Veteran's representative have an opportunity to review the claims file before his hearing.

The Board has denied the Veteran's requests to reopen his claims for service connection for back and right knee disabilities, finding that no new and material evidence has been submitted since the last final denial in January 2004.

The Board has remanded the case due to incomplete records and an inadequate VA examination. The Veteran's low back disability is being reviewed for service connection.

The Board found that the Veteran's current lumbar spine disability is not related to her service, and thus denied her claim for service connection.

The Veteran's claim for service connection for lumbar strain, right ankle sprain, and deviated septum is granted with an effective date of November 9, 1991. The claims for tinnitus and left ear hearing loss are denied as they were not filed prior to September 29, 2006.

The Board has denied service connection for low back disability but has reopened the claim based on new evidence. The Veteran's dental issues are not compensable.

The Board has denied the reopening of claims for service connection for various conditions, finding that no new and material evidence was submitted to support these claims.

The Board has determined that the Veteran's lumbar spine disability is related to his service-connected right total knee arthroplasty and has granted service connection for this condition.

The Board has remanded the case for additional development, including obtaining SSA records and scheduling VA examinations. The issues of service connection remain pending.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 10 percent, which is consistent with the evidence showing limited range of motion without significant neurological impairment or other complications.

The Veteran's claim for service connection for type II diabetes mellitus, which he asserts is due to herbicide exposure, was denied as there is no credible evidence of such exposure. The Board also found that the Veteran does not have a current diagnosis of diabetes mellitus and therefore cannot establish direct service connection. For pension purposes, the Veteran's claim remains pending as additional records are needed.

The Veteran's tinnitus is related to service and the Board has granted service connection for this condition. The issues of entitlement to increased ratings for bilateral hearing loss and low back strain with degenerative changes and instability, and bilateral sciatica are addressed in the REMAND portion.

The Board has granted service connection for the Veteran's claimed conditions, including tinnitus and bilateral hearing loss due to in-service noise exposure. The other conditions are also found to be related to service.

The Veteran's left ankle arthritis is found to have its onset during service and granted service connection. The lumbar spine disability, currently rated at 10 percent, is also granted as the evidence does not show that a higher rating is warranted.

The Veteran withdrew his appeal for the issue of entitlement to an initial disability rating in excess of 10 percent for radiculopathy of the left lower extremity during a hearing before the Board. The remaining issues are being remanded for further development.

The Veteran's claims for service connection are being remanded due to the need for additional VCAA notice and VA examinations.

The Board has determined that the Veteran's current back condition was incurred during his military service, resolving reasonable doubt in favor of the claim.

The case is being remanded to the RO/AMC for further development, including obtaining VA treatment records since February 18, 2010 and adjudicating the issue of service connection for chronic lumbosacral spine degenerative disc disease.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine was denied as the evidence did not show that the disability warranted a rating in excess of 20 percent.

The Board has granted the Veteran's claim of service connection for lumbar herniated disc, L4-L5, and lumbar myositis. The Veteran contends that his back disability is related to a 1975 accident in service where a heavy metallic lid fell on his head.