Back / lumbar spine decisions — 2011

The Veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling VA examinations. The issues of service connection for shoulder problems, back condition, and bilateral hearing loss are pending.

The Board has determined that a remand is necessary to obtain additional medical records and to provide the Veteran with an examination to determine if his current low back disability had its onset in service.

The Veteran's claims for increased ratings and TDIU were denied. The left knee disability, right knee arthritis, and lumbosacral strain with spondylosis at L5-S1 are not rated higher than the current 20 percent, 10 percent, and 20 percent respectively.

The Board denied service connection for a low back disability and impotence, as well as an evaluation in excess of 30 percent disabling for psychophysiological musculoskeletal reaction with anxiety and fibromyalgia. The Veteran's claims were based on his belief that he developed these conditions during or shortly after a car accident in 1977, but the Board found insufficient evidence to support service connection.

The Board denied service connection for hypertension, finding that the Veteran's current condition is not related to his military service. Service connection was also not granted for low back strain due to lack of evidence.

The Board has remanded the case due to the need for a medical opinion regarding whether the Veteran's current low back disorder is related to his military service, specifically an alleged motor vehicle accident in August 2004.

The Board has determined that the Veteran's low back disorder, including as secondary to his service-connected bilateral ankle disability, is a result of his service-connected disabilities and grants this claim.

The Board denied an extra-schedular evaluation in excess of 20 percent for degenerative disc disease at L5-S1 and a schedular evaluation in excess of 70 percent prior to September 8, 2008 for PTSD. The claim for service connection for residuals of frostbite of the feet is pending.

The Board found that the Veteran's current low back disorder is not related to his military service and denied his claim for service connection.

The Board has determined that the Veteran's lumbar spine disability began in service and has continued since, granting service connection for this condition.

The Board denied the Veteran's claims for increased ratings for his service-connected lumbar spine disorder and left and right lower extremity neuralgia. The issues of entitlement to separate compensable ratings for radiculopathy of the right lower extremity were also denied.

The Veteran's lumbar spinal stenosis with degenerative disease is rated at 40 percent, effective February 10, 2004.,Effective February 10, 2004, the Veteran was granted a 20 percent disability rating for radiculopathy of the right lower extremity and left lower extremity.

The Veteran's appeals for increased evaluations for his service-connected degenerative arthritis, lumbar spine, prior to September 7, 2010, and since that date have been dismissed as the Veteran has withdrawn these claims.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but his claim is denied as there is no probative evidence showing he is unable to secure or follow substantially gainful employment due to these conditions.

The Veteran's claim for service connection for urinary frequency, lumbar spine disorder, bilateral lower extremity neurological disorder, amnestic disorder, and cervical spine disorder is denied as the preponderance of evidence does not support a finding that these conditions are related to his military service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a left knee disability. The claims of entitlement to service connection for back and bilateral hip disabilities are remanded due to their inextricably intertwined nature with the reopened left knee disability claim.

The Veteran's appeal is being remanded for additional examinations and development of his claims, including obtaining service treatment records and addressing the etiology of his claimed back condition and blisters.

The Board denied the Veteran's claims for service connection of bilateral hearing loss and an upper back condition, finding no evidence of in-service injury or disease that could be linked to these conditions.

The Veteran's service connection claims for a back disability, bilateral hearing loss, and tinnitus are granted as the evidence supports these conditions having onset during or being related to military service.

The Veteran's depression is now granted as secondary to his service-connected low back strain. The issue of tinnitus has been dismissed due to the Veteran withdrawing it.