Back / lumbar spine decisions — 2011

The Board has denied the Veteran's claims for various conditions, including lumbar spinal stenosis, Adie's tonic syndrome (right eye), nasal deformity, GERD, keratosis, right trapezius muscle spasms (claimed as right shoulder pain), cervical strain, obstructive sleep apnea, thrombosed hemorrhoids, bladder disorder, prostate disorder, basal cell carcinoma, and diabetes mellitus, type II. The Board found that the evidence did not support service connection for any of these conditions.

The Veteran's appeal is being remanded for further development, including obtaining VA vocational rehabilitation records and a VA examination to assess the severity of his service-connected lumbosacral strain. The TDIU claim will also be reviewed in light of any additional evidence obtained.

The Board has determined that additional development is needed for the Veteran's claims, including a VA examination to determine the nature and etiology of his claimed conditions. The appeal will be remanded to the RO/AMC for further action.

The Board has remanded the case due to the Veteran's request for a video-conference hearing. The claims of entitlement to service connection for various conditions are pending.

The Board has determined that a VA examination is needed to determine the relationship between the Veteran's current DJD of the lumbar spine and his service, including multiple falls in service. The case will be remanded for this purpose.

The Veteran's lumbar spine disability was rated at 60 percent effective December 20, 2004. The claim for TDIU is remanded.

The Veteran's appeal is being remanded to the RO/AMC for further development, including obtaining VA and non-VA medical records, a spine examination, and readjudication of his claims.

The Board found that the Veteran's low back disability was not incurred in or aggravated by his service and denied the claim.

The Veteran's claims for service connection, increased ratings, and effective dates have been denied. The Board found no evidence to support the claimed conditions or their relationship to military service.

The Veteran's service-connected lumbar spine disability is rated at 60% since December 1, 2001. The effective date for the TDIU rating remains August 30, 2001.

The Board finds that the Veteran's low back disorder is not related to service, and thus denied his claim for service connection.

The Veteran's low back disability was evaluated as 10 percent prior to December 11, 2007 and as 20 percent as of that date. The Board found the evidence did not support a higher rating.

The Veteran's low back strain was rated at 20 percent since June 24, 2009. Prior to that date, the disability did not meet criteria for a compensable rating.

The Board found no evidence of a service-connected back disorder and concluded that the Veteran's current condition is not related to his active military service.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Board has determined that there is no evidence to support a finding of service connection for the cause of the Veteran's death, as his causes of death were due to an abdominal aneurysm rupture rather than any condition related to his military service.

The Veteran's left hemilaminectomy with degenerative disc disease and bilateral hip pain disability is manifested by forward flexion of the thoracolumbar spine to 30 degrees, but no less. The criteria for an initial disability evaluation greater than 40 percent have not been met.

The Veteran's service-connected disabilities, including Sjogren's syndrome and multiple musculoskeletal conditions, have resulted in a combined rating of 90 percent. The Board finds that the evidence does not support a finding of unemployability due to these service-connected disabilities.

The Board found no evidence of aggravation of bilateral pes planus during service and denied the Veteran's claim for service connection. The claims for increased evaluations for mechanical low back pain, bilateral hearing loss, and multiple scars were also denied.

The Veteran's initial evaluation for degenerative disc disease (DDD) of the cervical spine remains at 20 percent, effective January 10, 2005. The Board has determined that a remand is necessary to obtain a new VA examination to assess the current severity of his DDD of the cervical spine.