Back / lumbar spine decisions — 2011

The Board has remanded the case due to incomplete records and the need for a VA examination. The Veteran's claim of service connection for a low back disability is pending.

The Veteran's claim for an increased rating for his lumbar spine disorder is being remanded due to the need for a more thorough examination, including neurological assessment of lower extremities and bowels.

The Board denied service connection for lumbar strain (claimed as low back pain, claimed as secondary to service-connected residuals of fracture, left femur, with left knee strain) and tinnitus. The claim for an increased evaluation in excess of 10 percent for disability resulting from residuals of fracture, left femur, with left knee strain was also denied.

The Board has determined that additional development is needed to obtain the Veteran's VA treatment records and private practitioner records, as well as a VA examination for tinnitus. The case will be remanded for these actions.

The Veteran's degenerative disc disease of the lumbar spine is rated at 20 percent, and his radiculopathy of the right lower extremity is also rated at 20 percent.

The Board has determined that the Veteran's claimed conditions, including left ear disability, residuals of jaw infection, cervical spine disability, low back disability, right hip disability, and left elbow disability, were not incurred or aggravated during his active duty service. The claims are therefore denied.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the claim for increased rating has been denied. The TDIU claim based on service-connected disability is moot as of August 17, 2010.

The Veteran's initial disability ratings for his service-connected degenerative disc disease and associated radiculopathy have been granted, with a rating of 20 percent each.

The Veteran's claims for service connection and increased ratings have been granted, with the exception of his request for a TDIU. The conditions are related to his active military service.

The Board has determined that further development of the evidence is required before the claim for service connection of a lumbar spine disability can be adjudicated. The Veteran's lumbar spine disability may be related to his military service, but this needs to be confirmed by a VA examination.

The Board has remanded the Veteran's claims due to the need for additional development, including VA examinations to assess the nature and etiology of his low back disorder, bilateral knee disorders, and acquired psychiatric disorders.

The Board has decided that additional evidence is needed to determine if the Veteran's claims for service connection should be reopened and has ordered further development.

The Veteran's low back disability is rated at 20% and his hearing loss disabilities are not compensable. The claims for increased ratings are denied.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claims for service connection for thoracic spine, lumbar spine, bilateral hearing loss, and left knee disabilities. The claims are therefore denied.

The Board denied the Veteran's claim for service connection for a low back disability, including as secondary to residuals of service-connected pilonidal cyst extraction. The evidence submitted since the last denial does not relate to an unestablished fact necessary to substantiate the claim.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a low back disorder with radiating pain to the lower extremities. The August 2009 VA examination concluded that the current condition is not related to service.

The Board has determined that the evidence is at least in equipoise as to whether a chronic lumbar strain with degenerative changes was incurred in military service, and thus grants the Veteran's claim for service connection. The issue of hypertension secondary to service-connected subacute bacterial endocarditis remains unresolved.

The Veteran's appeals for increased ratings on several service-connected conditions have been withdrawn, and the claims are dismissed.

The Board found no evidence of a lumbar spine injury or disease in service, and concluded that the Veteran's current lumbar spine disorder is not related to his active service. The Board also determined that the lumbar spine disorder is not causally related to or permanently worsened by any service-connected disability.

The Veteran's claim for a rating in excess of 50 percent for chronic lumbar strain was granted, but the claims for earlier effective dates were denied. The appeal is not about service connection at all.