Back / lumbar spine decisions — 2011

The Veteran's appeal is being remanded for further development, including obtaining SSA records and providing an addendum to the VA examination reports.

The Board has determined that the original claims file was lost and must be remanded to locate and rebuild the file, including obtaining service treatment records. The Veteran's claim for service connection for low back disability is also being remanded due to the need for a VA examination.

The Board has determined that the Veteran's lumbosacral strain does not meet the criteria for a 40 percent evaluation, and thus denied restoration of the previously reduced rating.

The Veteran's appeal is remanded for further development, including obtaining updated VA treatment records and providing a VA examination to assess the impact of his service-connected disabilities on his employability.

The Board finds that the preponderance of evidence is against the Veteran's claim that his degenerative disc disease and scoliosis are secondary to a gunshot wound of the left foot. The VA examiner opined that it was less likely as not that the Veteran's current lumbar and cervical spine disability were caused by or resulted from the service-connected gunshot wound of the left foot.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for a back disorder, including obtaining medical records and scheduling an examination.

The Veteran's appeals for service connection for hypertension, bilateral hearing loss, and bilateral tinnitus have been withdrawn. The remaining claims of service connection for disorders of the lumbar spine, knees, feet (claimed as joint pain), and chronic fatigue syndrome are dismissed due to lack of jurisdiction.

The Veteran's right foot heel spur is rated at 10% due to moderate disability, but no higher.,Degenerative disc disease of the cervical spine does not meet criteria for a compensable evaluation as it does not cause limitation in motion or other functional impairment.

The Board has granted service connection for low back, neck, and headache disabilities based on continuity of symptomatology since service.,Service treatment records show the Veteran experienced back pain during service in 1986 and 1988. Post-service treatment records confirm a current disability.

The Veteran is seeking service connection for a low back disorder. The Board has determined that additional development, including a VA examination and the provision of any outstanding treatment records, is necessary to decide his claim.

The Veteran's claim of service connection for pulmonary tuberculosis, chronic back disorder, hypertension, and diabetes mellitus secondary to PTB is reopened. However, the evidence does not support a finding that these conditions are related to active military service or any incident thereof.

The Board has found that new and material evidence has been submitted to reopen the Veteran's claim of entitlement to service connection for a back disability, status post lumbar fusion and disk replacement. The case is now remanded for further development.

The Veteran's claim for an increased evaluation for his service-connected thoracolumbar strain with degenerative disc disease and degenerative joint disease is being remanded due to the need for a new VA examination, as well as consideration of whether separate evaluations are assignable for the service-connected back disability or on the basis of a TDIU rating.

The Veteran's appeals for increased ratings of his service-connected lumbar strain, right knee arthritis, and left knee arthritis are being remanded due to the need for additional examinations to assess the extent of current functional impairment.

The Board has remanded the case for further development of the factual and medical evidence, including obtaining service personnel records and private medical records. The Veteran's claim for service connection for a back disability will be reconsidered.

The Veteran has withdrawn his appeal regarding the issue of service connection for depression. The low back disability issue is being remanded for additional development.

The Veteran's service-connected disabilities, including coronary artery disease, hypertension, and degenerative joint diseases of the left ankle, right knee, and lumbar spine, have rendered him unable to secure or maintain substantially gainful employment due to his physical limitations.

The Board has determined that the Veteran's current lower back disabilities, including functional scoliosis, mild narrowing of the L5/S1 disc space, probable L5-S1 disc herniation, spondylolysis of the L5 vertebra on the left, a chronic lumbosacral strain, status post lumbar laminectomy, and degenerative disease of the lumbar spine, are related to his in-service injuries. As such, service connection for these disabilities is granted.

The Veteran's claims for increased ratings and service connection were denied. The left knee disability was rated at 30 percent after May 2000, while the lumbar spine disability received a staged rating of 40 percent. Service connection for a left ankle disorder was not granted.

The Board has granted service connection for a gastrointestinal disability, including gastritis and ulcer. The issues of service connection for back and neck disabilities are remanded due to inadequate examination.