Back / lumbar spine decisions — 2011

The Veteran's thoracolumbar spine disability is rated at 20 percent, and the Board finds that a higher evaluation is not warranted.

The Board determined that the Veteran's bilateral shoulder and lumbar spine disabilities were not incurred or aggravated by service, as there was no evidence of such conditions during his active duty. The disabilities are otherwise unrelated to any in-service injury.

The Board denied the Veteran's claim for an increased rating of his low back disability, currently rated at 20 percent. The appeal was based on the Veteran's service-connected degenerative disc disease and central herniated disc at L4-L5 with degenerative disease in the annulus.

The Veteran's lumbosacral strain was found to be at least as disabling as a 20% rating, and no higher. The Board denied an increased rating.

The Board found no evidence linking the Veteran's current lumbar spine disorder or renal cell carcinoma to his service, and thus denied both claims.

The Board has remanded the case due to insufficient evidence and needs further examination.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA examinations to evaluate his lumbar spine disability and any associated nerve problems in the lower extremities. The TDIU claim will also be considered.

The Veteran's claim for service connection for a back disability was denied as there is no evidence of a chronic condition during or within one year after service, and the current low back disability is not related to his active duty.

The Board has remanded the case due to incomplete development and need for additional examinations.

The Board has determined that a remand is necessary to obtain additional development and compliance with the duty to assist, including scheduling the Veteran for a VA examination to assess his low back disability. The issues of entitlement to higher ratings for degenerative disc disease of the lumbar spine and TDIU are also being remanded.

The Veteran's DDD of the lumbar spine was granted an initial evaluation of 40 percent effective December 17, 2008. Prior to this date, he received a 10 percent evaluation.

The Board found no evidence to support a service connection for the Veteran's low back disability, concluding that the current condition is not related to his military service.

The Veteran's claim for service connection for bilateral hearing loss disability was denied, but his claim for thoracic strain with lumbar compression fracture and mild scoliosis was granted. The Board found that the Veteran had a current thoracolumbar spine disability that began in service.

The Veteran's claims for increased evaluations and service connection were denied. The decision is based on the existing evidence and applicable rating criteria.

The Veteran's service-connected disabilities cause her to be in need of regular aid and attendance of another person, as evidenced by her limited mobility, inability to dress or bathe herself without assistance, and frequent need for adjustment of special prosthetic appliances. The Board finds that she meets the criteria for SMC based on the need for regular aid and attendance.

The Board has granted service connection for a low back disorder. The Veteran is also presumed to have incurred other conditions within one year of his separation from active duty.

The Board found no credible evidence linking the Veteran's current back, pericarditis, hypertension, or psychiatric disability to service. The claim for service connection was denied.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board found no new and material evidence to reopen the claim for service connection for a low back disability. The Veteran's current low back disability is not related to his military service, as there was no evidence of such during service or in the years following service. The lung cancer claim was also denied due to lack of evidence linking it to service.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical opinions regarding the nature and etiology of his back disability and tinnitus.