Back / lumbar spine decisions — 2011

The Veteran's initial disability ratings for her residuals of a right knee strain, status post arthroscopic surgery with open lateral release, and her low back pain disability have been granted. Her initial compensable disability rating for her bilateral foot strain with plantar fasciitis has also been granted.

The Veteran's TDIU claim is being remanded due to the inadequacy of the VA examination and the need for an addendum opinion. The examiner should consider all evidence, including the SSA finding that the Veteran lacks functional capacity for sedentary work.

The Veteran's current low back disorder was not incurred in or aggravated by service. The Board found that the evidence did not establish a chronic low back disorder during service and there is no competent medical evidence linking his current condition to service.

The January 21, 2010 Board decision denying the request to reopen the claim for service connection for a low back disorder as a residual of an injury is upheld. The evidence submitted did not raise a reasonable possibility of substantiating the claim.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, knee disorders, shoulder disorders, elbow disorders, wrist and hand disorders, low back disorder, right ankle disorder, and TMJ (chronic pain), were denied as these conditions are not shown to be related to his military service.

The Board found that the Veteran's back disorder is not related to her service or any service-connected disability, and specifically denied service connection on a secondary basis due to lack of evidence linking the condition to her bilateral foot disabilities.

The VA examiner found that the Appellant's currently-diagnosed degenerative disc disease of the lumbar spine was not incurred in or aggravated during his period of active duty for training (ACDUTRA). The Board therefore determined that service connection could not be granted.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board found that the Veteran's low back disorder is not related to his active service and denied his claim for service connection.

The Veteran was granted service connection for tinea versicolor, a skin condition he has had since service. The Board also found that the evidence supported his claim of left tarsal tunnel syndrome and ordered further examination to determine its current status.

Service connection granted for abnormal pap smear, low back disorder, and left hip disorder.,Initial compensable rating not assigned for service-connected respiratory condition (bronchitis).

The Veteran has been granted service connection for type II diabetes mellitus due to presumed exposure to herbicide agents during active military service. However, his claims of service connection for arthritis of the knees and degenerative changes of the lumbar spine have been denied as there is no evidence of in-service injury or disease.,There is a lack of credible evidence demonstrating continuity of symptomatology for the Veteran's claimed knee disability.

The Board has determined that new and material evidence was not received to reopen claims for service connection for PTSD, low back disorder, hepatitis, stomach disorder, leg cramps, and headaches. However, new and material evidence was received to reopen the claim of service connection for right ear hearing loss.

The Board has granted service connection for hypertension as secondary to the Veteran's service-connected sarcoidosis. The claim for an increased evaluation of osteoporosis of the lumbar spine is denied, but the effective date for TDIU is granted.

The Veteran has been shown to have a current lumbar spine disorder that first manifested in service, and headaches that also began during service.,The Board finds the Veteran's claims for service connection for a lumbar spine disorder and headaches are granted.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim of service connection for a low back disability. The previous denial was based on the lack of evidence showing that his pre-existing condition worsened during military service.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for a back disability and recurrent severe depression. The case is REMANDED for further action.

The Board has found service connection for the claimed conditions, with resolution of doubt in favor of the Veteran. The criteria for secondary service connection are met.

The Veteran's neck, low back, and bilateral hip disabilities are being remanded for further development to determine their etiology.

The Board has determined that additional medical examination and opinion are needed to determine the etiology of the Veteran's low back and bilateral hand disorders, which may be related to service. The case is therefore being remanded for these actions.