Back / lumbar spine decisions — 2011

The Veteran's low back disability was manifested by objective observation of forward flexion to 50 degrees or greater with consideration of subjective complaints of pain, and no evidence of incapacitating episodes or neurological impairment related to the back disorder. The criteria for an initial rating greater than 40 percent herniated nucleus pulposus, L4-L5, with lumbosacral strain and degenerative changes have not been met or approximated.

The Board has determined that a higher rating for the Veteran's lumbar spine disability is not warranted as his condition does not meet or approximate the criteria for a higher rating under the applicable rating schedule. The current 40 percent rating adequately compensates him for his service-connected lumbar spine disability.

The Veteran's claim for service connection for a back disability is being remanded due to the need to obtain additional medical records and conduct further examination.

The Veteran's appeal is remanded for further development, including obtaining SSA records and arranging for a VA examination to assess the impact of his service-connected disabilities on his employability.

The Veteran's service connection claim for scars of the left forearm has been granted. The remaining issues have been remanded to obtain additional medical records and determine if the Veteran's current conditions are related to military service.

The Board found that the Veteran did not incur a lumbar spine injury or disease in service and did not experience chronic symptoms of a lumbar spine disorder during service. The weight of evidence also demonstrated no continuous symptoms of lumbar spine symptomatology since service. Therefore, the claim for service connection for a back disorder was denied.

The Veteran's appeal is remanded due to the need for additional development, including obtaining Social Security Administration records and a new VA examination.

The Board has remanded the case due to the need for a VA examination to address the medical matters presented by this appeal.

The Board has reopened the Veteran's claims for service connection for low back disorder, bilateral knee disorders, and left shoulder disorder due to new evidence submitted since the February 2005 rating decision. The Board finds that these conditions are related to service.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding the etiology of his bilateral hearing loss and low back condition.

The Veteran's appeal is being remanded for clarification of his hearing preference and scheduling a hearing before the RO.

The Board found that the Veteran's current back disability is not related to his service, as there was no evidence of a chronic condition during service and no medical opinion linking it to service. The Veteran's current diagnosis is degenerative disc disease, which does not meet the criteria for direct service connection.

The Board has found support for a grant of service connection for thoracolumbar spine disorder, as secondary to the service-connected right knee disability. The cervical spine condition is currently under consideration and will be addressed in the REMAND portion.

The Board has reopened the Veteran's claim for service connection for bilateral hearing loss and granted it. The Veteran is now entitled to a compensable rating for his right wrist disability.,Service connection for tinnitus was also established, as there is evidence that the condition first developed during service.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by his active service and arthritis may not be presumed to have been incurred therein.

The Board finds that the Veteran's tinnitus is related to his service, and thus grants service connection for bilateral tinnitus. For the low back disability, the Board concludes there was no aggravation of a pre-existing condition during service, and therefore denies service connection.

The Board has ordered additional development to determine whether the Veteran's atherosclerosis was related to his period of active service and if so, whether it contributed to his death. The case is being remanded for an addendum opinion from a VA cardiologist.

The Board has remanded the case for additional development to obtain relevant medical records and provide a VA examination to determine whether the Veteran's current lower extremity disability was caused or aggravated by the left total hip arthroplasty performed in May 2009 at VAMC West Haven.

The Veteran's lumbar spine disability is rated at 40 percent, effective from March 7, 2005. He also received a separate compensable rating for right lower extremity neurologic disability.,The reduction in cervical spine disability rating was denied.

The Board denied the Veteran's claims of entitlement to service connection for neck, lumbar spine, right knee, and left knee disabilities due to a lack of medical evidence linking these conditions to his military service.