Back / lumbar spine decisions — 2011

The Veteran's claim for an increased rating greater than 40 percent for his lumbosacral spine disability, including spondylolisthesis L5-S1 and disc bulging at L3-L4 and L4-L5, was denied. The Board found that the current evidence did not meet the criteria for a higher rating.

The Board has decided to remand the case for a VA examination and further development due to the Veteran's failure to report to his scheduled examination.

The Veteran's low back disability and right leg pain have been rated at 20 percent since November 7, 2008. The rating is granted.

The Board denied service connection for a claimed back disorder and bilateral hip disorder, finding no evidence of current disabilities or causation by service or service-connected conditions.

The Veteran's claim of service connection for degenerative disease of the lumbosacrum was previously denied, and new evidence does not reopen this claim. The Veteran is also not entitled to SMC based on need for regular aid and attendance or housebound status as he has no current service-connected disabilities.

The Veteran's claims for service connection for low back disorder and right leg condition were denied as the evidence did not show a link between his current conditions and active duty service.

The Board found that the Veteran's service-connected degenerative changes of the lumbar spine did not meet or approximate the criteria for a rating in excess of 10 percent.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine the nature and etiology of any current back condition.

The case is being remanded for additional development to address the Veteran's claims, including obtaining his service personnel record and scheduling a VA examination.

The Veteran's degenerative disc disease of the cervical spine is not service-connected as it was not incurred or aggravated during her active duty service. The Board finds that the condition is more likely related to a motor vehicle accident in 1996, which occurred after she left military service.

The Veteran's claim for an increased evaluation for his low back disorder was denied, as the current 40 percent rating adequately reflects the severity of his disability.

The Board found that the submitted evidence does not raise a reasonable possibility of substantiating the underlying claim for service connection for a neck disorder.,The Board also found that the submitted evidence does not raise a reasonable possibility of substantiating the underlying claim for service connection for a low back disorder.

The Veteran's appeal for service connection for a bilateral leg condition has been withdrawn. The case is being remanded to determine the etiology of his low back disorder.

The Board denied the appellant's claim for an increased disability rating in excess of 20 percent for her service-connected low back pain and lumbar myositis, finding that she did not meet the schedular criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case for completion of several directives, including determining the Veteran's current address and clarifying his representation preferences. The case is now pending further action.

The Veteran's claims for service connection are being remanded due to the failure to appear at a previously scheduled hearing. The issues of entitlement to service connection for back pain, skin condition, and respiratory disorder remain unresolved.

The Veteran's claim for service connection for bunions with intractable plantar karatoma of the right and left foot was reopened, granted, and assigned a 10% evaluation effective January 21, 2005. The issue of entitlement to an earlier effective date remains pending.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for hypertension, bilateral hearing loss disability, tinnitus, residuals of a back injury, right knee condition, left knee condition, right hip traumatic arthritis, left hip traumatic arthritis, right leg nerve damage, left leg nerve damage, right hallux malleus (hammertoes), and left hallux malleus. However, the claims are denied as service connection is not established for these conditions.

The Board has decided to remand the case for additional development, including obtaining private and VA treatment records, providing Dingess-compliant notice, scheduling a VA examination, and readjudicating the issue.

The Board has determined that additional development is necessary in order to properly adjudicate the appellant's claims for increased evaluations for his lumbar spine disability and right second toe disability. This includes scheduling VA examinations, obtaining relevant medical records, and readjudicating the claims.