Back / lumbar spine decisions — 2011

The Veteran's claim for service connection for a low back condition has been pending since October 1979. The Board finds that the appeal should be adjudicated without regard to new and material evidence standards as his original claim is still pending.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disability and granted it, finding that new evidence supports the claim and linking the current condition to his military service.

The Board has decided to remand the Veteran's claims for further development and consideration due to incomplete records, lack of proper notification, and other procedural issues.

The Board found that the Veteran's low back condition is not causally related to his service and denied his claim for service connection.

The Board has denied the Veteran's claims for service connection for lower back, left knee, and left shoulder disorders due to a lack of medical evidence linking these conditions to service. The Veteran's reported in-service fall did not result in current diagnoses of his claimed disabilities.

The Veteran is unemployable due to service-connected disabilities, and the Board has granted a total disability rating based on individual unemployability effective from February 1, 2008.

The Board has determined that the Veteran's low back disability is causally related to his military service, including as secondary to his service-connected left ankle injury.

The Board found that the Veteran's back condition, including lumbosacral strain and mild scoliosis, was not incurred in or aggravated by service. The VA examiner opined that there is no probative evidence showing a relationship between the Veteran's current back condition and his active service.

The Board has remanded the case due to the need for a medical opinion regarding the etiology of the Veteran's low back disability and whether it is proximately due to or aggravated by his service-connected right knee disability.

The Board has dismissed the appeals for carpal tunnel syndrome, diabetes mellitus, glaucoma and cataracts, high cholesterol, and hypertension. The remaining issues of service connection for asbestosis, COPD, spurring of cervical and lumbar spine (back disorder), sleep apnea, tonsil disorder, bilateral knee arthritis with total knee replacement, right foot Achilles tendon (right foot disorder), and left foot disorder are addressed below.

The Veteran's appeal is being remanded for further development, including obtaining medical records and arranging for VA examinations to assess the severity of his service-connected disabilities. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) has also been raised.

The Veteran's appeal is remanded for further development, including obtaining updated medical records and scheduling the Veteran for a VA orthopedic examination to assess the severity of his service-connected right hip and low back disabilities.

The Veteran's appeal is being remanded due to an outstanding hearing request. His initial compensable evaluation for bilateral hearing loss and service connection claim for a back disorder are pending.

The Veteran's claims for increased ratings for right ankle and lumbosacral spine disabilities were denied. The VA examinations did not support higher ratings based on the severity of his symptoms.

The Board denied service connection for hepatitis C and granted an increased rating of 40 percent for lumbar disc disease with intervertebral disc syndrome, effective from August 31, 2007.

The Board has remanded the case for further development, including obtaining a medical examination and providing notice consistent with Kent v. Nicholson.

The Veteran's appeal has been withdrawn and the case is dismissed as there are no pending claims for review.

The Veteran's appeal is being remanded for further development, including obtaining service personnel records and scheduling VA examinations to determine the nature and etiology of his kidney disorder, back disorder, seborrheic dermatitis, and any additional disability caused by left heel surgery at a VA facility.

The Veteran's claims for increased evaluations for degenerative disc disease of L5-S1 and intervertebral disc syndrome affecting the left lower extremity were denied. The disability was evaluated based on its direct service connection, without considering any presumptive exposure or other theories.

The Board has granted the Veteran's claims of service connection for bilateral hearing loss, tinnitus, and low back strain.