Back / lumbar spine decisions — 2011

The Board has determined that the Veteran does not have a back disorder or headaches that are related to his military service.

The Board has remanded the Veteran's claim for additional development, including obtaining relevant military and SSA records. The Veteran is seeking service connection for a chronic post-operative lumbar spine disorder to include degenerative disc disease.

The Board has granted service connection for the Veteran's low back disorder, finding that it was incurred in service. The skin disorder claim remains pending.

The Veteran's lumbar degenerative disc disease did not meet the criteria for a higher rating during the period from June 28, 2005 to January 23, 2007.

The Veteran's claims for increased ratings for his service-connected mood disorder with anxiety and depression, low back sprain, right elbow strain, left elbow strain, and neck ligament sprain are being remanded to the RO for further development including additional VA examinations.

The Veteran's claims for service connection and increased evaluations for his acid reflux, lumbar spine disability, and left knee disability are being remanded due to the need for additional examinations.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims for service connection for residuals of syphilis and a current low back disability. This includes obtaining relevant medical records, arranging for VA examinations, and ensuring all evidence is considered.

The Veteran's appeal involves claims for service connection for left knee, left hip, and low back disabilities. The Board has determined that additional development is needed due to the need for a new VA examination regarding his left knee disability and secondary service connection issues.

The Board has reopened the Veteran's service connection claim for a low back disability and granted it, finding that new evidence supports the claim. The Veteran is now entitled to service connection for degenerative disc disease at L4-L5 and L5-S1.

The Veteran's claim for an increased evaluation of his service-connected lumbosacral strain, multilevel lumbar spondylosis, and lumbar disc herniation is being remanded due to the need for a new VA spine examination and additional VA treatment records.

The appeal is being remanded due to missing VA outpatient records and the need for additional examinations to determine the nature, extent, onset, and etiology of any hearing loss, tinnitus, headaches, back, right knee, left knee, right ankle, left ankle, right foot or left foot disability found to be present.

The Board found that the reduction in disability rating from 60% to 40% was proper, as there were no incapacitating episodes of intervertebral disc disease during the previous 12 months.

The Board found no evidence linking the Veteran's current degenerative disc disease of the lumbar spine to his service, and denied the claim.

The Veteran's service-connected disabilities combine to be 40 percent disabling, but do not meet the percentage rating standards for TDIU. The Board finds that the Veteran is not unemployable solely due to his service-connected disabilities.

The Board has determined that the Veteran's post-operative left shoulder disability and degenerative disc disease of the cervical spine, status post fusion are related to his active duty service. The respiratory disability is being remanded for further development.

The Board has decided to remand the claims for further development due to missing service treatment records and the need for a VA examination.

The Board has remanded the case for further development due to a scheduling issue, and the Veteran's attorney requested additional copies of his claims file.

The Board denied the Veteran's claim for service connection for a back disorder, finding that there was no evidence of a current disability and insufficient medical nexus to link his current condition to military service.

The Board has remanded the case for additional development, including obtaining VA treatment records and an opinion from a VA chiropractor regarding the Veteran's low back disorder. The TDIU claim is inextricably intertwined with the service connection claim.

The Board found no evidence of a low back disability present during service and concluded that the current condition is not related to any in-service injury. The claim for service connection was denied.