Back / lumbar spine decisions — 2011

The Board has determined that further development is required before the Veteran's claims are decided, including obtaining a discharge examination report and any other necessary development. The case will be remanded for de novo review.

The Board has determined that the Veteran's current low back disorder did not originate in service and is not related to any injury or incident during his active duty. The evidence does not establish a nexus between the Veteran's active service and his currently diagnosed condition.

The Board has granted service connection for left ankle arthritis and found that the Veteran's current left ankle traumatic osteoarthritis is related to his military service. The issue of entitlement to service connection for a back disorder remains pending as it was not addressed in this decision.

The Veteran seeks an earlier effective date for the grant of service connection for a low back disorder, which was granted on October 2002.,He also seeks an earlier effective date for the assignment of TDIU. The RO is instructed to obtain records from the California unemployment agency and readjudicate his claim.

The Veteran's appeal is being remanded due to the need for additional information from Social Security Administration records.

The Board has decided to remand the case for further development due to incomplete records and other issues.

The Board has determined that the Veteran's lumbar spine disability is associated with lower extremity neuropathy, warranting a separate evaluation. The current rating of 10% for orthopedic manifestations remains unchanged.

The Veteran's claim for benefits under 38 U.S.C.A. § 1151 was denied as the evidence did not show that VA carelessness, negligence, or error caused his current lumbar spine disability.,The effective date of a 50 percent rating for service-connected bilateral flat feet was denied as prior to October 3, 2003, there was no factual basis to establish an increase in disability.

The Veteran's low back disability, diagnosed as lumbar disk disease, has not been shown to meet or approximate the criteria for a rating in excess of 20 percent.

The VA denied the Veteran's claim for service connection for cervical spondylosis, concluding that there is no evidence of a current disability during or after service and attributing any present condition to post-service factors.

The Board has remanded the Veteran's claims for additional development due to contentions of his representative regarding in-service injuries and medical records.

The Veteran's appeal is remanded for a comprehensive VA orthopedic examination to determine the origins of his low back disability and whether it is at least as likely as not related to service. The claim will be reconsidered following this development.

The Veteran's PTSD is rated at 70 percent, but the Board finds that he does not meet the criteria for specially adapted housing assistance or a special home adaptation grant due to his service-connected disabilities. The Veteran also does not qualify for special monthly compensation based on being housebound as he does not have a single, permanent service-connected disability rated at 100% disabling and additional service-connected disability or disabilities independently valued as 60% or more disabling. His PTSD is currently evaluated at the highest possible rating of 70 percent.

The Board has determined that additional examination and opinion are necessary to decide the claims on appeal due to the Veteran's reported symptoms during service, including parachute jumps and combat involvement.

The Veteran's appeal for service connection on the issues of a bilateral foot condition, back condition, bilateral knee condition, respiratory condition, and bilateral hip condition has been dismissed due to withdrawal by the appellant.

The Veteran's claim for an initial rating in excess of 20 percent for degenerative disc disease of the lumbosacral spine was granted. The claim for service connection for hearing loss was denied.

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

The Board denied the Veteran's claims for service connection for a back condition, sleep disorder, and acquired psychiatric condition (including PTSD). The decision found that new and material evidence had not been received to reopen the claim of service connection for a back condition. For the other issues, there was insufficient evidence to establish service connection.

The Board has reopened the Veteran's claim for service connection for a low back disorder and finds that her current low back disorder is related to an injury sustained during active military service. The Board also finds that her current cervical spine disorder is related to an injury sustained during active military service, but was not resolved prior to separation from service.

The Veteran's claims for service connection for various conditions were denied. The Board found that the evidence did not support a finding of in-service injury or disease related to any of these conditions.