Back / lumbar spine decisions — 2011

The Veteran's low back disability and right forearm injury with a large fatty tumor are not service-connected.,There is no evidence of herbicide or ionizing radiation exposure during service, nor any diagnosed skin condition on hands and arms. The Veteran's claimed disabilities do not meet the criteria for service connection based on these exposures.,The Veteran has not been diagnosed with a pulmonary disorder related to service, asbestos exposure, or second-hand tobacco smoke.,There is no evidence of a current disability characterized by general malaise or headaches that can be linked to service.

The Board found that the Veteran's current lumbar spine disorder is not related to his service and denied his claim for service connection.

The Board found no evidence of a chronic back disability in service and denied the Veteran's claims for service connection for a back disorder and hyperlipidemia.

The Board has granted a rating of 10 percent for the Veteran's lumbar spine disability, but denied reopening of his claims for service connection for hepatitis C, left hip disorder, and asthma. The claim for tinnitus is granted.

The Veteran's appeal has been withdrawn before the Board could make a decision.

The Veteran's service-connected cervical and lumbar spine disabilities are currently rated at 20 percent each, but the evidence does not support a higher rating under the applicable diagnostic codes.

The Veteran's appeal is remanded for additional development, including obtaining VA and SSA records, scheduling a VA examination to assess the severity of his cervical spine disability and ulnar nerve disability, and readjudicating the claims.

The Veteran was granted a TDIU effective July 6, 2000 based on his service-connected hidradenitis suppurative with acne vulgaris with scars and degenerative disc disease of the lumbar spine.

The Veteran's appeal is for an initial compensable rating for a low back strain prior to June 19, 2008, and a higher than 10 percent rating since that date. The claim requires further development due to the need for another VA compensation examination.

The Veteran's claim for an earlier effective date for service connection of lumbar strain is granted, with the effective date set at September 3, 2008.

The Veteran's claim for an effective date prior to August 10, 2009, for the grant of a 50 percent disability rating for obstructive sleep apnea has been denied as there is no medical evidence to establish a higher rating prior to that date.

The Veteran's claim for a rating in excess of 50 percent for residuals of compression fractures of the L1 and L2 vertebrae was denied. The RO found that his disability did not meet the criteria for a higher rating.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's low back condition and right leg pain, including whether these conditions are related to his active duty service.

The Veteran's claim for an initial rating in excess of 20 percent for his service-connected degenerative disc disease with degenerative scoliosis of the lumbar spine is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board found that the Veteran's lumbar strain and left buttock contusion did not cause additional disability or aggravate his preexisting back condition, thus denying compensation under 38 U.S.C.A. § 1151.

The Veteran's initial ratings for his service-connected degenerative disc disease of the thoracolumbar spine and left hip strain have been granted. The rating for the thoracolumbar spine has been increased to 20 percent, effective September 28, 2005.

The Board denied the Veteran's claims of service connection for a back disorder and right knee disorder, finding that new and material evidence was not submitted to reopen the claim for a back disorder and concluding that there is no competent medical evidence linking the current right knee disorder to his military service.

The Board has remanded the Veteran's claims for additional development due to new evidence submitted after a previous SSOC. The Veteran will be afforded appropriate examinations and clinical testing, and his claims will be readjudicated.

The Board has remanded the case due to an inadequate VA examination, and a new examination is required. The Veteran's claim for service connection for a back disorder including secondary to hemorrhoids will be further evaluated.

The Veteran's DDD of the cervical spine has been evaluated at a 20 percent rating since January 13, 2005. The Board found that his condition does not warrant an increase in disability evaluation.