Back / lumbar spine decisions — 2011

The Veteran's claims for service connection for a low back disability and compensable ratings for right and left patellofemoral pain syndrome were denied. The RO granted service connection for the knee conditions but assigned them zero percent ratings, effective February 27, 2008.

The claim of service connection for cervical spine degenerative disc disease with residuals has been reopened and remains denied.,Service connection for a lung disability as a result of asbestos exposure is not granted.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected disabilities and determine their impact on employment.

The Board has determined that additional development is needed in order to properly adjudicate the appellant's claims, including obtaining VA and SSA records, conducting a psychiatric examination, and providing VCAA notice.

The Board denied the Veteran's claims for service connection for GERD, hypertension, lumbar spine myalgia, and DDD. The Board found that the preexisting back conditions were not aggravated by service.

The Board has determined that additional development is needed to obtain the Veteran's complete service personnel records and clinical treatment records, as well as to provide her with a VA examination to determine the nature and etiology of any current back, left shoulder, and right knee disorders.

The Veteran's appeal is being remanded for a Travel Board hearing at the local RO. The issues of service connection for left foot pain, lumbar strain, migraine headaches, and PTSD are still under consideration.

The Veteran's claims for service connection for a left shoulder disorder, right shoulder disorder, and respiratory disability (COPD) are denied as there is no evidence of current disabilities or a causal relationship to service. The claim for service connection for cervical and lumbar spine conditions remains pending.

The Board found that the Veteran's lumbar and cervical spine disorders were not incurred or aggravated by service, as there was no evidence of chronic conditions during service or within one year post-service. The claims for service connection were denied.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his low back disability and associated lower extremity radiculopathy.

The Veteran's claim for TDIU was denied by the RO, as his service-connected disabilities did not meet the criteria for a total disability rating based on individual unemployability.

The Veteran's low back disability was rated at 10 percent from October 25, 1999 to May 8, 2008 and at 40 percent since August 1, 2008.

The Board has granted service connection for left knee osteoarthritis, right shoulder rotator cuff tendonitis, and cervical spondylolisthesis, degenerative disc disease, and neuroforaminal narrowing. The Veteran's current conditions are deemed to be directly related to his military service.

The Board has remanded the case due to a new Social Security Administration decision letter, and the Veteran's representative is advised to respond with a supplemental statement of the case.

The Board has reopened the claim for service connection for a cervical spine condition and determined that new evidence submitted by the Veteran raises a reasonable possibility of substantiating his claim. The Board also found that there is sufficient evidence to establish continuity of symptomatology from service, leading to a determination in favor of service connection.

The Veteran's appeal was granted, with the service-connected GERD and IBS receiving an initial rating of 30 percent effective April 19, 2009. The low back disability received a higher initial rating of 40 percent effective that date.

The Veteran's claim for an increased evaluation of his lumbosacral strain with DDD was denied. The Board found that the evidence did not support a rating in excess of 10 percent, as there were no incapacitating episodes and the range of motion met the criteria for a 10% evaluation under Diagnostic Code 5237.

The Veteran seeks service connection for right lower extremity, left lower extremity, and low back disabilities that he claims are secondary to his service-connected PTSD. The Board has determined that further development is needed before a decision can be made.

The Board finds that the Veteran's service connection claims for disc herniation, lumbar spine and radiculopathy of the lower extremities are granted as they are at least in equipoise with evidence supporting these conditions being related to his military service.

The Veteran's appeal is being remanded for further development, including verification of his duty status during the APC accident in November 1986 and securing updated treatment records from TDCJ. An orthopedic examination will be arranged to determine if he has a chronic low back disability related to service or ACDUTRA.