Back / lumbar spine decisions — 2011

The Veteran's appeal to increase his rating for his low back disability has been withdrawn by the appellant.

The Veteran's appeal for service connection of a back disorder has been dismissed due to the death of the appellant.

The Board found that new and material evidence had not been submitted to reopen the Veteran's claim of entitlement to service connection for a cervical spine disability, as none of the provided evidence related to an unestablished fact necessary to substantiate the claim. The Veteran's current cervical spine disability was conceded by the RO but deemed unrelated to military service.

The Board has remanded the case for additional development, including obtaining relevant medical records and providing a VA examination to determine if the Veteran's low back disability is related to her active duty service or due to her service-connected cervicalgia with degenerative disc disease cervical spine.

The Board has determined that the reduction of the Veteran's disability rating for his service-connected back disability from 40 percent to 20 percent, effective October 1, 2007 was not proper. The Veteran's claim for an increased disability rating for eczematous dermatitis is also denied.

The Board has restored a 20 percent disability rating for the Veteran's chronic low back strain, finding that the reduction in rating was improper due to insufficient evidence of functional loss during the VA examination used to justify the reduction.

The Veteran's appeal is being remanded for further action, including scheduling a hearing in Albany, New York.

The Veteran's appeal is being remanded to schedule him for VA examinations to determine the nature and etiology of his claimed back, right knee, and digestive system disabilities. The case will be reviewed again after these examinations.

The Board found that the Veteran's lumbar degenerative disc disease was not incurred in or aggravated by service and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling an orthopedic examination to assess the severity of his service-connected degenerative disc disease.

The Board has remanded the case to the RO for scheduling a Travel Board or videoconference hearing at the RO. The Veteran requested such due to his inability to travel to Washington, DC.

The Board finds that the Veteran's current degenerative disc disease of the lumbar spine and acquired psychiatric disorder are at least as likely as not attributable to his military service, resolving all reasonable doubt in favor of the Veteran.

The Veteran's claims for service connection for degenerative disc disease of the cervical and lumbar spines, peripheral neuropathy, and skin cancer have been denied as there is no evidence linking these conditions to his active military service. The Board found that the Veteran did not serve in Vietnam or on inland waterways where he could be presumed exposed to herbicides.

The Board denied the Veteran's claim for a disability rating in excess of 40 percent for his service-connected degenerative joint disease and degenerative disc disease of the lower back, finding that he did not meet the criteria for an evaluation higher than 40 percent due to lack of unfavorable ankylosis.

The Veteran's appeal is being remanded for additional development, including new VA examinations to evaluate his lumbar degenerative disc disease and posttraumatic stress disorder.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected low back and lower extremity radiculopathy disabilities. Additionally, he may be scheduled for an examination to determine if his service-connected disabilities alone preclude him from securing and following any form of substantially gainful employment.

The Veteran's appeal is being remanded due to the need for additional records and examinations. The claims will be reconsidered after these are obtained.

The Board denied the Veteran's claim for service connection for a back disorder in April 1954, finding that his condition existed prior to service and there was no evidence of increased disability during service. The Veteran has not submitted new and material evidence since then.

The Board has determined that the Veteran's low back disability is related to service, but his asbestosis is not related to service.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not support a higher rating for his lumbar spine or left knee disorders, nor did it establish service connection for any of the other claimed conditions.