Back / lumbar spine decisions — 2011

The Board has denied the Veteran's claims for effective dates earlier than March 27, 2009 for the grant of service connection for right knee arthritis, left knee arthritis, and degenerative arthritis of the lumbar spine.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 20 percent, which is in line with the criteria for a disability rating based on limitation of motion.

The Board has determined that the Veteran's current lumbar spine disability was not incurred in or aggravated by his active service and is unrelated to any incident therein.

The Board denied the appellant's request for an extension of her delimiting date for Survivors' and Dependents' Educational Assistance (Chapter 35) benefits, finding that she was not eligible for such extension due to the passage of time since her initial eligibility determination.

The Board has denied the Veteran's claims for service connection for a low back disability and a bilateral eye condition, finding no new and material evidence to reopen these previously denied claims. The Board also denied the Veteran's claims for service connection for hearing loss and tinnitus due to lack of qualifying service.

The Board has found that additional development is necessary and remands the case for further action, including obtaining medical records from the Veteran's chiropractor and Kaiser. The claims are inextricably intertwined with the service connection claim for a lumbar spine disability.

The Board has remanded the case due to the need for a VA examination and opinion regarding the nature and etiology of any current low back, neck, and left shoulder disabilities. The examiner should consider evidence from the period of active duty from June 27, 1978 through December 28, 1979 for the purpose of determining whether this evidence demonstrates continuity of symptomatology which began during his earlier service.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims for service connection for a lumbar spine disability and a left knee disability. The case is REMANDED for further action.

The Veteran's appeal is being remanded for additional examinations and to obtain medical records. The issues of service connection for hypertension, increased ratings for lumbar strain injury, and hyperhidrosis are pending.

The Board denied the appellant's claims for service connection and increased evaluations, finding no evidence of a current disability related to 'heat stroke' residuals or onychomycosis. The lumbar spine condition was not found to warrant an evaluation higher than 10 percent.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for lumbar spine and right ankle disabilities. The claims are therefore denied.

The Veteran's appeal is being remanded to the RO for additional development, including a VA examination and consideration of secondary service connection theories. The case will be returned to the Board after completion of these actions.

The Veteran's claim for an earlier effective date for service connection of her degenerative joint disease of the thoracolumbar spine is denied as there was no communication indicating intent to reopen her claim prior to July 31, 2006.

The Veteran's service-connected disabilities do not, singly or in combination, preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's initial claims for higher ratings for his service-connected lumbar spine, left knee, right knee, and hip disabilities were denied. The RO increased the disability rating for the lumbar spine to 40 percent effective December 7, 2009.

The Board has determined that additional development is required before the claims can be properly adjudicated, including providing VCAA notice, obtaining all pertinent records, verifying dates of service, and scheduling VA examinations for the Veteran's low back disorder, right elbow disorder, and left shoulder disorder.

The Veteran's appeal is remanded due to his request for a personal hearing before the Board of Veterans' Appeals. The issues of service connection for various conditions remain pending.

The Veteran's appeal has been dismissed due to their death. The Board cannot proceed with the merits of this case as they have died.

The Board denied a rating in excess of the initial 60 percent assigned for service-connected low back strain with low back pain, degenerative changes and left lower extremity radiculopathy.

The Board found that the Veteran's pre-existing low back disorder was not incurred or aggravated by service, and denied his claim for service connection.