Back / lumbar spine decisions — 2011

The Veteran's claims for increased ratings and service connection were denied. The reduction of the rating for bilateral maxillary sinusitis was upheld, but her claim for an increased rating for allergic rhinitis was denied.,Her request to reopen a claim for service connection for painful elbows, wrists and fingers was denied as new evidence did not establish a link with service.

The Veteran's appeal involves multiple service-connected disorders, including peripheral vascular disease, hypertension, and various musculoskeletal issues. The Board has determined that further development is necessary to determine the etiology of these conditions.

The Board denied the Veteran's claims of service connection for a hysterectomy with residual scars, low back disability, and an initial evaluation in excess of 10 percent for recurrent dermatitis. The Board found that there was no credible evidence linking these conditions to her active duty service.

The Veteran's claims for service connection for a right shoulder disorder, low back disorder, pelvis and femur disorder, right hip condition (claimed as loss of muscle tissue of the right leg), and anemia have all been denied. The evidence does not support the presence of chronic disabilities in these areas during her military service.,The Veteran has provided no medical evidence diagnosing any current disability in these areas.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional low back disability due to a fall in June 2007 at the Veterans Affairs Medical Center in Biloxi is denied as there is no evidence that the care or treatment provided by VA caused his additional disability.

The Board has determined that the Veteran does not have an acquired psychiatric disorder that was incurred or aggravated by his active service. The claims for a skin disorder, bilateral hearing loss, hypertension, low back disorder and bilateral leg disorder are also denied as there is insufficient evidence to support these claims.

The Board has determined that further development is needed before the claims can be adjudicated, including obtaining updated medical records and scheduling VA examinations to address the etiology of the Veteran's service-connected conditions.

The Veteran's service-connected chronic lumbar strain is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board found that the Veteran's initial claim for service connection was received on September 12, 2001, and thus denied an earlier effective date.

The Veteran's claims for service connection were granted, with the exception of the claim for left shoulder and arm pain. The other conditions have been found to be directly related to his military service.

The Board found that the Veteran's suicide was not caused by any service-connected conditions, and denied claims for service connection for cause of death.

The Veteran's lumbar strain was rated at 10 percent prior to August 11, 2009 and increased to 20 percent beginning that date. The scar from the right inguinal hernia repair remains noncompensable.

The Board has remanded the Veteran's claims for increased ratings for PTSD and degenerative joint disease of the lumbar spine due to inadequate evidence of record, including a need for new examinations.

The Veteran's claims for service connection and an initial disability evaluation for hypertension are being remanded due to the need for additional development, including VA examinations and consideration of new evidence.

The Board denied the Veteran's claim for service connection for degenerative disc disease of the low back, finding that it was less likely caused by his in-service injury. The Court found this decision inadequate due to a lack of consideration of the Veteran's complaints prior to 1984.

The Board has granted the Veteran's claim for service connection for a low back disability, to include arthritis, as secondary to his service-connected left hip disability.

The Board has determined that the Veteran's low back disability does not manifest any neurologic abnormalities, and therefore, a separate evaluation for such is denied.

The Board has remanded the case for additional development, including obtaining inpatient clinical records from MacDill Air Force Base and requesting an addendum opinion regarding post-service back injuries.

The Board has remanded the case for additional development, including a new VA examination to address the Veteran's current low back disability and its relationship to his in-service injury. The issue of service connection for bleeding ulcers as secondary to the low back disability is also pending.