Back / lumbar spine decisions — 2011

The Veteran's appeal is being remanded for additional development of the record, including obtaining VA and private medical records, scheduling a VA examination to assess his lumbar spine condition and skin rash, and determining whether service connection should be granted.

The Veteran's service connection for chronic epididymitis and a low back disability has been granted. The initial rating for the right shoulder disability remains at 20 percent, but an increased rating of 40 percent is now assigned for the low back disability. The issue of entitlement to TDIU will be reconsidered after any additional development.

The Board denied service connection for low back, bilateral shoulder, and left knee disorders due to lack of evidence linking current disabilities to service.

The Board has determined that additional development is necessary prior to the adjudication of these claims, including obtaining VA and private treatment records, scheduling a VA examination for the Veteran's claimed left hip disorder and degenerative disc disease of L5-S1, and attempting to obtain workers' compensation benefits records.

The Veteran's claims for service connection for bilateral foot disorder, bilateral knee disorder, peripheral neuropathy of the left leg and thigh, and back disorder have been denied as there is no evidence linking these conditions to her military service.

The Veteran is seeking service connection for multiple spine and headache disabilities, including a herniated disc at L5-S1 level. The case must be remanded to obtain VA examinations and additional medical records, and to clarify the nature of his claims.

The Board denied the Veteran's claim for service connection for a cervical spine disability in August 2001. The current decision finds that new and material evidence has not been received to reopen this claim.

The Veteran's service-connected lumbar spondylosis and degenerative disc disease with stenosis disability is currently rated at 40 percent, which is the maximum schedular rating available under the General Formula for Diseases and Injuries of the Spine. The appeal has been denied as there are no additional criteria met to warrant a higher rating.

The Board found no evidence linking the Veteran's current ankle disability to his active service, and thus denied his claim for service connection.

The Veteran's claims for service connection and TDIU are being remanded due to the need for a VA examination, as the previous examination was inadequate.

The Board found that the Veteran's back and left hip disabilities did not arise during service or are otherwise related to his military service, including as secondary to a service-connected right knee disability. The evidence does not support a finding of service connection for these conditions.

The Veteran's lumbar spine disability is currently rated at 20 percent, effective August 18, 2003. The Board denied a higher rating based on the current criteria.

The Veteran's claim for a higher rating for his DDD of the lumbosacral spine was denied as there was no evidence of severe limitation of motion, forward flexion of less than 30 degrees, or spinal ankylosis prior to February 1, 2006.

The Veteran's low back disability is rated at 40 percent, effective from the date of this decision. His bilateral sciatic neuropathy is also rated at 40 percent, effective from the date of this decision.

The Veteran's appeal is being remanded to obtain additional medical records, including SSA records. He also needs examinations for his lumbar spine condition and right and left knee/ankle conditions, as well as a TDIU examination.

The Veteran's appeal involves multiple service-connected conditions and their relationship to his current disabilities. The Board has ordered additional development of the claims, including obtaining clarification from the June 2009 VA examiner regarding the diagnoses and relationships between the Veteran's claimed conditions and his service-connected anxiety disorder and dysthymic disorder.

The Board denied the Veteran's claims for service connection for sleep apnea and a back disability. The Veteran did not meet his burden of establishing that current disabilities are related to service.

The Board has reopened the claim for service connection for a back disability and granted it, finding that new evidence supports a link between the current condition and service. The left hip disability was also found to be related to service.

The Veteran's claim for service connection for a herniated lumbar disc has been reopened and is now substantiated by new evidence.,The Veteran's claim for service connection for postoperative residuals of cervical injury was withdrawn.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed low back, left arm, shoulder, and tinnitus disabilities. The case will be returned for this purpose.