Back / lumbar spine decisions — 2011

The Veteran's low back strain is currently rated as 10 percent disabling, and the Board finds that a higher rating is not warranted. The Veteran's left elbow tendonitis and bilateral pes planus are each rated appropriately.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection, including obtaining specific dates of her ACDUTRA and INACDUTRA service periods.

The Veteran's claim for a rating in excess of 40 percent for his lower back disability has been granted, and he is now rated at 40 percent. Additionally, the Veteran's radiculopathy of the right lower extremity is separately rated at 10 percent.

The Board found no evidence of a low back disability during service or for many years after service, and concluded that the Veteran's current low back disability is not related to his military service.

The Veteran's appeal is being remanded for additional development of his medical records and consideration.

The Veteran seeks service connection for a chronic lumbosacral spine disorder, including injury residuals and degenerative disc disease. The Board has remanded the case to obtain additional medical records and to schedule the Veteran for a VA examination.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and providing new VA examinations to address the nature and etiology of any low back disability and right hip disability.

The Veteran's low back disorder did not meet the criteria for a higher rating as it did not show forward flexion of the thoracolumbar spine to 30 degrees or less, nor any type of ankylosis. The Veteran also did not experience incapacitating episodes of intervertebral disc syndrome.

The Veteran's appeal is being remanded to obtain additional medical records and conduct further examinations. The issues include rating claims for various disabilities, as well as service connection for shoulder disorders.

The Veteran's claim for service connection for tinnitus is granted. The Board finds that the competent clinical evidence of record is in equipoise as to whether the Veteran's tinnitus was incurred in active service. For the other issues, including an increased evaluation for lumbar disc disease with history of scoliosis and a compensable evaluation for hemorrhoids, the decision is mixed due to some issues being granted while others are denied. The effective date issue regarding lumbar disc disease remains pending.

The Veteran's appeal is being remanded for additional development, including new examinations and the acquisition of more recent medical records.

The Board denied the Veteran's claims for service connection and initial disability ratings for various conditions, including tendinopathy of the left shoulder, right shoulder, left knee, ankle strain, tremor of uncertain etiology, and a gland condition. The Veteran's degenerative disc disease, C5-6 and C6-7, was rated at 20 percent, while his chronic low back strain remained at 10 percent.

The Veteran's claims for service connection for low back, right wrist, and right elbow disabilities were denied as secondary to his service-connected right ankle disability. The Board found no evidence of a current disorder of the lumbar spine or upper extremities during the pendency of the claim.

The Board has found that new and material evidence has been received to reopen the Veteran's claim of service connection for a back disability due to injury. The case is remanded for further development, including scheduling a VA examination.

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

The Veteran's appeal is being remanded for further development, including obtaining a medical opinion regarding the relationship between his service-connected left ankle and left knee disabilities and his lumbar spine disorder. The Veteran's claims for increased disability ratings and service connection are also being remanded.

The Board has remanded the case due to the need for further development regarding the Veteran's claim of service connection for a low back disorder. The examiner is requested to determine if the current low back condition likely began during service or is related to service, including any reported in-service fall.

The Veteran's lumbar spine disability is currently rated at 50 percent, and the Board finds no basis to grant a higher rating. The Veteran's right and left leg radiculopathy are each rated at 10 percent.

The Veteran's claim for an initial compensable rating for bilateral hearing loss was denied, and his service connection claim for a low back condition is remanded due to the need for additional development.

The Veteran's right hip pain, associated with his service-connected low back disorder, is currently rated at 10 percent and does not meet the criteria for a higher rating.