Back / lumbar spine decisions — 2011

The VA has determined that the Veteran does not have hepatitis C, but his lower back and upper extremity peripheral neuropathy disorders are aggravated by service.,The VA has also found that the Veteran's lower back disorder is aggravated by service.

The Board has remanded the case for further development, including a VA spine examination to determine if the Veteran's current back disorder is caused or aggravated by his service-connected total right knee replacement.

The Board has ordered a remand due to the need for an additional VA examination addressing whether the Veteran's low back disability was aggravated by his service-connected left knee disability. The case is now being returned to the RO for further action.

The Veteran's right shoulder subluxation was found to have pre-existed service and not be aggravated by it. The back disability is denied as not being incurred or aggravated during service.

The Veteran's sick sinus syndrome is found to be caused by his service-connected obstructive sleep apnea. The right knee degenerative joint disease status post total knee arthroplasty has been granted a 60% evaluation since May 1, 2007.

The Veteran's appeal for restoration of a 40 percent disability rating and increased ratings for his lumbosacral spine disability were denied. The RO reduced the prior 40 percent rating to 10 percent effective January 1, 2007.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board denied the Veteran's claims of entitlement to service connection for hypertension and degenerative disc disease, finding that there was no credible evidence linking these conditions to his military service.

The Board has granted service connection for a lumbosacral spine disability and a bilateral hip disability. The case is now remanded to readjudicate the Veteran's claim for TDIU.

The Board found no evidence of a chronic low back disability in service and concluded that the current condition is not related to service. The Veteran's assertions about prior injuries during service were deemed unreliable, and his current condition was determined to be unrelated to any incident or exposure in service.

The Board has remanded the case for further development, including obtaining records from the Richmond VAMC and scheduling VA examinations to determine the extent of disability attributable to service-connected conditions.

The Board has granted the Veteran's claims of service connection for right shoulder disorder and back disorder, finding that these conditions were incurred in service. The initial ratings assigned are noncompensable.

The case is being remanded due to the failure of the originating agency to separately evaluate and assign a percentage rating for each diagnosed disability, including irritable bowel syndrome, right wrist strain with mild degenerative changes, cervical spine with degenerative changes, thoracic spine with moderate dorsal kyphosis and mild chronic compressions, and lumbar spine with degenerative changes. The Veteran's pension claim is also being remanded.

The VA determined that the Veteran's current neck disability, including degenerative disc disease and degenerative joint disease of the cervical spine, was not incurred or aggravated during his period of active service. The Board found no evidence linking the current condition to any in-service injury or event.

The Veteran's accrued benefits claims for various conditions were denied as new and material evidence was not presented to reopen the service connection claims, and there was no established link between any of these conditions and his active military service.

The Board found no evidence of a low back disability in service or within one year post-service, and concluded that the current condition is not related to military service.

The Board has determined that additional development is needed to obtain the Veteran's service records and VA treatment records, as well as to provide him with corrective VCAA notice regarding his hypertension claim. The Veteran will also be scheduled for examinations to determine the current nature and severity of his lumbar strain with disc disease and decreased sensation right lower extremity associated with his lumbar strain with disc disease, as well as the etiology of his hypertension.

The Board denied the Veteran's claims for service connection for a back disability and an acquired psychiatric disorder, finding no credible or competent evidence of any in-service injury or event, nor is there evidence of a history of continuity of symptomatology from the time of his service.

The Veteran's appeal is being remanded for additional development, including obtaining more recent treatment records and scheduling the Veteran for a VA examination to assess his PTSD and thoracolumbar spine strain.

The Board has remanded the Veteran's claims for additional development due to insufficient evidence and potential increase in disability since his last VA examination.