Back / lumbar spine decisions — 2011

The Veteran's claim for an initial rating in excess of 10 percent for lumbosacral strain was denied as he failed to report for a scheduled VA Spine examination.

The Veteran's claims for service connection are being remanded to obtain additional medical records and to schedule a VA examination. The issues of entitlement to service connection will be readjudicated after these actions.

The Board finds that the Veteran's low back disorder is directly related to his active service and to his service-connected plantar warts of the right foot and left foot, resolving all doubt in favor of the Veteran.

The Board has remanded the issues of service connection for PTSD, right ear hearing loss, tinnitus, gastrointestinal condition secondary to PTSD, back disability, skin condition on chest, back and arms, migraine headaches, and eye condition due to unresolved procedural issues.

The Board has remanded the case for further development, including a VA examination and consideration of additional evidence. The Veteran's claim for service connection for a back disorder remains pending.

The case is being remanded for additional development to obtain medical records and provide the Veteran with proper VCAA notice regarding his service connection claims.

The Board has determined that the Veteran's service-connected left hip and low back disorders are not granted as secondary to his service-connected stress fracture of the left proximal tibia, resulting in a denial for these claims.

The Board found no evidence of a low back disorder in service or within one year post-service, and the Veteran's statements regarding continuity of symptoms were not credible. The claim for service connection was denied.

The Veteran's lumbar strain and hypertension were found to not warrant compensable ratings based on the current evidence of record.

The Veteran's appeal is being remanded for further development, including VA examinations to assess his employability and the impact of his service-connected disabilities on his ability to work.

The Board has determined that the Veteran does not have a current disability manifested by bilateral foot swelling for which service connection may be granted. The Veteran's service-connected coronary artery disease is currently rated as 30 percent disabling, and there is no evidence of symptoms warranting a higher rating under the applicable VA rating criteria.

The Veteran is seeking service connection for cervical spine, lumbar spine, and left shoulder/arm disabilities. The Board finds the January 2006 VA examination inadequate and remands the case to obtain an addendum from the examiner providing a medical opinion on the likelihood of these conditions being related to his active service.

The Veteran's claim for a higher rating for his service-connected thoracolumbar spine disability is being remanded due to the need for additional examination and consideration of new evidence.

The Veteran's claims for service connection for an acquired psychiatric disorder, a back disability, and asthma have been dismissed as the Veteran withdrew his appeal with respect to these issues.,The Veteran also withdrew his appeals regarding initial increased ratings for right and left hip disabilities.

The Veteran's lung disorder claim is pending, his increased rating for left shoulder dislocation is denied, and he withdrew the hearing loss compensation claim. The claims for degenerative disc disease of the thoracolumbar spine and acquired psychiatric disorder (PTSD and depression) are also pending.

The Veteran's claims for service connection, increased rating, and TDIU are being remanded due to the need for additional examinations and records.

The Board has granted service connection for right ear sensorineural hearing loss, but denied the remaining claims. The Veteran's right ear hearing acuity was noted to be within normal limits throughout his military service and post-service evaluations. Service connection is granted for coronary artery disease (CAD) with a non-compensable evaluation.

The Board has denied the Veteran's petition to reopen his claim for service connection for a back condition, finding that no new and material evidence has been received since the last final denial in February 2000.

The Veteran's appeal for increased ratings for his service-connected bilateral foot disability and low back disability was denied. The maximum schedular rating available for the bilateral foot disability is already in effect, while the maximum schedular rating available for the low back disability has been assigned.

The Veteran's appeal is remanded to obtain evidence and evaluation to ascertain the current level of disability attributable to his lumbar spine disorder. The case should be remanded for a new examination to assess the nature, extent, frequency, and severity of his service-connected back disorder subsequent to his surgery.