Back / lumbar spine decisions — 2011

The Board found that the Veteran did not have left shoulder, migraine headache, or back disorders during service and did not experience continuous symptoms since service. The current diagnoses were not related to service.

The Veteran's lumbar spine disability was initially evaluated as noncompensable prior to April 26, 2010. As of that date, the VA determined a compensable evaluation of 10% is warranted.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service, and thus denied his claim for service connection.

The Board has determined that the Veteran's left knee disorder and low back disorder are related to service, with reasonable doubt resolved in favor of the Veteran. The claims for service connection have been granted.

The Board has decided to remand the case for further development due to missing records and updated information from the appellant.

The Veteran's claim for an increased rating of his service-connected severe lumbar DDD with severe mechanical low back pain has been denied as the evidence does not show that he meets or approximates the criteria for a disability evaluation in excess of 40 percent.

The Board has determined that the Veteran's low back disability did not manifest during his military service and is not causally related to service. As a result, the claim for service connection for a low back disability is denied.

The Veteran's lumbar spine disability is currently rated at 10 percent, effective January 22, 2004. The RO granted service connection for the condition and assigned a compensable rating for genital herpes with genital warts.

The Veteran's appeal is being remanded due to scheduling issues for a hearing before the Board. The case will be returned to the RO for further action.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's current low back disorder, as well as additional VCAA notice is required. The appeal will be remanded for these actions.

The Veteran does not have a back disability, hydronephrosis, or prostate cancer that is related to active service.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected bilateral knee and lumbar spine disabilities. The case will be readjudicated based on all evidence.

The Veteran's appeal is being remanded due to the submission of additional pertinent evidence and for a new VA examination to determine his employability.

The Board is remanding the case to provide the Veteran with a copy of the January 2001 video conference hearing transcript and schedule him for a Travel Board hearing.

The Board has determined that the Veteran's spouse is not in need of regular aid and attendance, as she was able to leave her home and perform some personal activities without assistance.

The Board denied service connection for left ankle, right ankle, and low back disabilities due to lack of evidence showing a direct or presumptive link between the conditions and service.

The Veteran's lumbar disc disease, status-post laminectomy, resulted in incapacitating episodes with a total duration of at least 6 weeks during the past 12 months. From August 19, 2008, he was granted an increased evaluation to 60 percent for this condition. Additionally, he received a separate 10 percent rating for sensory impairment of the right lower extremity due to lumbar disc disease and a 20 percent rating for urinary frequency due to service-connected lumbar disc disease.

The Board has determined that there is no evidence of a back disability during service or within one year after separation, and the current degenerative changes are not related to military service.

The Veteran's claim for a total disability rating based on individual unemployability prior to August 22, 2006 is denied as the evidence does not show she was unable to secure and follow a substantially gainful occupation due to her service-connected disabilities.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine, to include as secondary to a right knee disability is being remanded due to the need for a new hearing before a Veterans Law Judge at his local regional office.