Back / lumbar spine decisions — 2011

The Board found no evidence of a chronic low back or skin disorder during service and denied the Veteran's claims for service connection as there is no direct link to service.

The Board has determined that the reduction of the Veteran's disability compensation to 10 percent due to his incarceration for a felony conviction was proper.

The Board denied all service connection claims, finding no evidence of a nexus between the claimed disabilities and active service.

The Veteran is seeking service connection for depression and a back disorder. The Board has determined that additional development, including VA examinations, is needed to properly adjudicate these claims.

The Veteran's appeal is being remanded due to her inability to be contacted, and the case will be further reviewed after obtaining updated information.

The Board finds that the Veteran's current low back disability is not related to his service, and thus denies the claim for service connection.

The Veteran's claims for increased ratings for lumbar spine intervertebral disc syndrome and right lower extremity sciatic nerve involvement are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and low back disability are being remanded due to the need for additional development of his service treatment records.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated during service and may not be presumed to have been so incurred. The thoracolumbar spine disability claim is remanded for further development.

The Veteran's claim for an increased rating for his service-connected lower back strain is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA spine examination.

The Board found that the Veteran's current back disability did not have its onset in service and is not related to an injury or disease incurred during active duty. As a result, service connection for this condition was denied.

The Board has decided to remand the case for further development, including obtaining service treatment records and verifying periods of active duty. A VA examination is also required to determine if the current low back disorder is related to service.

The Veteran's TDIU was granted effective August 25, 2008, based on his service-connected back disability and radiculopathy of the lower extremities. The effective date for TDIU is set as of this date.

The Board has decided to remand the case due to incomplete records and the need for a VA examination to assess the etiology of the Veteran's low back disability. The Veteran contends that his current low back disability is related to service, but there are conflicting medical opinions.

The Veteran's paravertebral muscle spasm, right dorsal area has been rated at 10 percent since July 1974. The issue of entitlement to a TDIU was withdrawn by the Veteran prior to the Board decision.

The Board denied the Veteran's claims for increased ratings for her thoracolumbar back disorder, right hip strain, and left shoulder strain. The VA examinations showed limited range of motion but no incapacitating episodes.

The Board has determined that the Veteran's bilateral pes planus with plantar fasciitis does not meet or approximate the criteria for a 30 percent rating, as there is no evidence of marked deformity, swelling on use, or characteristic callosities. The Veteran was granted a 10 percent rating.

The Board has determined that the Veteran's thoracocervical spine disability and lumbar spine disability were not incurred or aggravated during service, as they are not shown to be related to any in-service injury or event. The disabilities have also not been found to be due to a disease or injury presumed by law to have occurred during service.

The Veteran's lumbosacral strain with Schmorl's nodes is currently rated at 20 percent effective February 2, 2010.,The Veteran's right shoulder impingement syndrome is currently rated at 10 percent effective February 2, 2010.

The Board has determined that the Veteran's low back disorder was not incurred in or aggravated by service and therefore denied his claim for service connection. The initial disability evaluation for diabetes mellitus, type II, prior to November 17, 2003, is also denied.