Back / lumbar spine decisions — 2011

The Board has determined that the evidence is in equipoise regarding whether the Veteran's current back disorder is related to his service, and thus grants service connection for a back condition.

The Board has determined that there is no competent and credible evidence of a low back disability or tinnitus having its onset in service, and thus the Veteran's claims for service connection are denied.

The Veteran's appeal was dismissed due to the death of the appellant during the pendency of the appeal.

The Veteran's service-connected musculoskeletal low back pain with sciatic neuropathy is currently rated at 20 percent, but the evidence does not support a higher rating.,Separate ratings of 10 percent each are assigned for neuropathy of the right and left lower extremities due to the service-connected low back disability.,The Veteran's irritable bowel syndrome and GERD do not meet the criteria for a separate rating in excess of 10 percent.,There is no evidence that the Veteran's anterior lipomas, fusion of the right foot and ankle, right leg reflex sympathetic dystrophy, chronic nerve pain of the right leg, or atrophy of the right leg are related to her service-connected low back disability or other service-connected conditions.,Service connection for these conditions cannot be established.

The Veteran's appeal is being remanded due to his failure to appear at a scheduled hearing before the Board of Veterans' Appeals. The case will be returned to the RO for further action.

The Veteran's ischemic heart disease is presumed to have been incurred due to active service exposure to Agent Orange. The Board has granted service connection for this condition.

The Board has reopened the claim for service connection for a right knee disorder but remanded it to the RO for further development. The issues of service connection for low back, gastrointestinal, psychiatric, and dental disorders are also being remanded.

The Board has decided to remand the case for further development, including obtaining additional service treatment records and VA medical records.

The Veteran's claim for an effective date prior to August 29, 2009, for the award of individual unemployability (TDIU) was denied as he had been gainfully employed until that date.

The Veteran's low back pain worsened and he sought private medical treatment at the Cape Canaveral Hospital on June 12, 2006. The treatment was authorized under emergency care provisions of VA regulations.

The Veteran's claim for service connection of a low back disorder is being remanded due to the need to obtain additional inpatient hospital records and conduct further medical examination.

The Veteran's appeal is being remanded for a videoconference hearing before a Veterans Law Judge at the RO.

The Veteran's claim for service connection for right ear hearing loss was denied as his current level of hearing did not meet the criteria to be considered a disability under VA regulations. The claim for service connection for low back disorder was also denied.

The Veteran's low back pain and sleep apnea are related to his service.,A higher initial evaluation for PTSD is granted.

The Veteran seeks an increased rating for his service-connected lumbar spine disability. The Board has determined that a remand is necessary to obtain updated VA examination and consider the TDIU claim.

The Board found that the Veteran's disability did not warrant a 40% evaluation as of July 1, 2007 and restored part of his award to a 20% rating effective July 1, 2007.

The Board has determined that the Veteran's left hip and low back disabilities are not related to his active duty service.,Service connection for a bilateral knee disability on a secondary basis is denied as there is no evidence of an in-service injury or nexus with the current condition.

The Veteran's service-connected low back disability is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5237. The Veteran's left ear hearing loss and right ankle disability are each assigned a non-compensable evaluation. The Board denied entitlement to TDIU as his service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Board found that the Veteran's current low back and neck disorders are not related to his active service, including any exposure to Agent Orange or other environmental factors. The evidence does not support a finding of continuity of symptoms since service.

The Veteran's claim for service connection for a lumbar spine disability, to include as secondary to his service-connected osteoarthritis of the right knee and arthritis of the left knee, is being remanded due to the need for additional development.