Back / lumbar spine decisions — 2011

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and a VA examination to assess his employability due to service-connected disabilities.

The Veteran seeks service connection for a lumbar spine disorder, which he claims is related to his in-service injury and ongoing treatment. The Board finds that another VA examination is necessary to determine the nature and etiology of any diagnosed lumbar spine disorder.

The Veteran's claim for an increased rating for his lumbosacral disability and TDIU was denied. The Board found that the evidence did not meet the criteria for a higher rating or TDIU.

The Board denied the Veteran's claims for service connection for residuals of a fracture of the right 5th metatarsal and an evaluation in excess of 10 percent for degenerative disc and joint disease with right radiculopathy. The evidence did not support these claims.

The Board is remanding the case for additional development, including obtaining SSA records and providing VCAA notice addressing both service connection claims.

The Veteran's service-connected degenerative disc and joint disease of the lumbar spine is not productive of unfavorable ankylosis or incapacitating episodes, but does result in moderate incomplete paralysis of the sciatic nerve.,During the entire appellate period, the Veteran's service-connected degenerative disc and joint disease of the lumbar spine results in neurologic impairment of both lower extremities.

The Board denied the Veteran's petition to reopen his service connection claims for a low back disorder, left elbow disorder, and left knee disability. The claim was not reopened as new and material evidence had not been received.

The Board denied the Veteran's claims for service connection for a low back disability and left ulnar neuropathy.

The Veteran's service-connected disabilities are so disabling as to prevent him from dressing himself and frequently adjusting his special orthopedic appliance without aid, meeting the criteria for SMC based on need for regular aid and attendance.

The Board finds that the Veteran's lumbar osteomyelitis and MRSA infection are not service-connected under 38 U.S.C.A. § 1151 due to lack of evidence of fault on VA's part.

The Board has determined that the Veteran's low back disability is at least as likely as not related to his service, and thus grants service connection for a low back disability.

The Board has reopened the claims of service connection for pulmonary emphysema, residuals of cerebral concussion, sinusitis, and low back disability based on new evidence. The claims are being remanded to determine if these conditions were incurred in or aggravated by active service.

The Board found no evidence of a low back disability in service or within one year post-service, and concluded that any current low back disability is not related to service. The sciatic nerve and bilateral knee disabilities are also not linked to service.

The Board has determined that the Veteran's low back disorder may be related to service, but more evidence is needed before a decision can be made.

The Board found that the Veteran does not have a current disability of degenerative disc disease L4-5, right hip pain, or right wrist disorder that is related to his military service. The claims for service connection were denied.

The Board has reopened the claim for service connection for a low back disorder due to new and material evidence submitted since the last final denial. However, the claim is being remanded for further development including obtaining additional STRs and personnel records from INACDUTRA and ACDUTRA periods.

The Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine is being remanded due to outstanding records and a request for Social Security Administration (SSA) disability determination records.

The Veteran's lumbar spine disorder, bilateral knee disorder, and bilateral hip disorder are not service-connected as there is no evidence of chronic in-service symptoms or a nexus to service.

The Board has determined that additional development is necessary to obtain missing service treatment records and VA treatment records, as well as to schedule the Veteran for a VA examination. The appeal will be remanded to the RO for further action.

The Veteran's appeal was denied as his service-connected lower back disability did not meet the criteria for a rating in excess of 20 percent.