Back / lumbar spine decisions — 2011

The Veteran's claim for service connection for a back disorder and bilateral shoulder disorder was denied as there is no current diagnosed condition that can be linked to his active duty service.

The Veteran's degenerative disc disease and spondylosis, lumbosacral spine were rated at 40 percent effective from July 23, 2009. The Veteran's radiculopathy of the left lower extremity was also rated at 40 percent effective from January 29, 2010.

The Board has determined that the Veteran's current cervical and lumbar spine disorders are related to his service, with chronic pain and limitation of motion prior to any post-service injuries. As such, the claims for service connection have been granted.

The Board has granted service connection for a psychiatric disability, namely schizophrenia, and a lower back disability. The Veteran's current psychiatric disability had its onset in service, while his lower back disability is linked to in-service injuries.

The Board has remanded the case for additional development, including obtaining inpatient treatment records and a VA examination to determine if the appellant's current back disability is related to service. The remaining issues are also on hold until further notice.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disorder and found that new and material evidence has been submitted. The case is now remanded for further development.

The Board has remanded the case due to inadequate duty-to-assist actions and requests for Social Security Administration (SSA) disability records.

The Veteran's claim for increased ratings for lumbosacral degenerative disc disease (DDD) is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new VA examination.

The Board found that the Veteran's back disorder was incurred during service and granted service connection. The bilateral hip and knee disorders are considered secondary to the back disorder, as is the right ankle disorder.

The Board has determined that the appellant does not meet the criteria for increased DIC based on the need for aid and attendance or being housebound due to her disabilities, primarily musculoskeletal in nature.

The Board has determined that the Veteran's current thoracolumbar spine disorder is not related to his military service and therefore denied his claim for service connection.

The Board finds that the Veteran's low back disorder, including his pre-existing back scar, was not incurred in or aggravated by his active service. The VA medical examinations concluded that the Veteran's current degenerative disc disease of the spine is less likely related to military service and more likely due to natural aging.

The Veteran's lumbar spine disability does not result in ankylosis, restriction of flexion to 30 degrees or less, or incapacitating episodes. The criteria for an initial disability rating greater than 20 percent for a lumbar spine disability have not been met.

The Veteran's service-connected low back disability is found to be the primary cause of several secondary conditions, including sciatica, neuropathy of the feet and hands, decreased circulation in the feet and hands, restless leg syndrome, and a bilateral hip disability. The scars from his spine surgery are also recognized as related to this condition.

The Veteran's psychiatric disorder and low back disability were not incurred in or aggravated by active service. The Board found no evidence of a direct relationship to service for the psychiatric disorder, but noted that post-service treatment records showed on-the-job injuries and surgeries related to the low back disability.

The Board has denied the appellant's claim of service connection for a low back disability due to lack of evidence showing a chronic right thigh disability related to his period of ACDUTRA. The claim of reopening the right thigh disability was also denied as new and material evidence did not relate to the unestablished fact necessary to substantiate the claim.

The Veteran's appeal is remanded due to the need for a VA examination and for issuance of a statement of the case regarding his lumbar spine disorder.

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

The Veteran's appeal is remanded due to the need for new examinations and additional development of his claims, including service connection for diabetes mellitus.

The Board has reopened the claims of service connection for a back disability and sleep apnea, but remands are required to obtain additional information regarding these conditions.