Back / lumbar spine decisions — 2011

The Board has remanded the case for additional development to obtain medical records and provide a VA examination to address the Veteran's claims of service connection for chronic low back disorder, bilateral hearing loss disability, and tinnitus.

The Veteran is seeking reimbursement for medical expenses incurred at a private facility. The VAMC/AMC needs to ensure that the required notification process was properly completed and associated documents are in place before making a decision.

The Board has determined that the Veteran's cervical spine disability, diagnosed as cervical degenerative disc disease and osteoarthritis, was incurred in or aggravated by active military service.

The Board has granted service connection for coronary artery disease as secondary to the Veteran's service-connected dysthymia and depression. The other issues remain pending.

The Veteran's claim for an initial rating in excess of 10 percent for low back strain with degenerative disc disease is being remanded due to the need for a new VA examination.

The Board has decided to remand the Veteran's claim for a VA examination and additional development due to inadequate previous opinions, incomplete medical records, and potential Social Security Administration disability benefits.

The Veteran's appeal is being returned to the RO for further development due to a request for a Board hearing. The issues of service connection, increased ratings, and TDIU remain in appellate status.

The Board has determined that the Veteran's claimed low back, right knee, left knee, and neck disabilities were not incurred or aggravated during active service. The evidence does not support a finding of service connection for any of these conditions.

The Veteran's claim of service connection for a low back disability has been granted in a May 2011 rating decision, making the appeal moot.

The Board denied the appellant's claims for service connection for residuals of neck injury with loss of use of arms and whether new and material evidence has been submitted to reopen his claim for low back disability. The decision was based on lack of in-service incurrence or aggravation, no nexus between current disabilities and military service, and insufficient new evidence.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability was denied. The effective date for the 20% rating assigned in November 2008 is not established.

The Board denied the reopening of a claim for service connection for a low back disorder, finding that new and material evidence had not been presented to establish a relationship between the current condition and service.

The Board has granted a higher initial rating of 20 percent for degenerative disc disease of the lumbosacral spine, effective May 20, 2006. The Veteran's right and left lower extremity radiculopathy are each rated at 10 percent.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the left ear hearing loss did not warrant a compensable evaluation.

The Veteran's appeal for a higher rating for his thoracolumbar strain with degenerative changes was granted, but the AMC did not provide a Supplemental Statement of the Case outlining why he was not entitled to a higher rating. The AMC also needs to obtain Social Security Administration disability records related to the Veteran's spine.

The Board found that the Veteran's current back disability is not related to his military service, including a period of ACDUTRA from July 16 to July 30, 1977. The claim for service connection was denied.

The Board has determined that the appellant is entitled to service connection for status post lumbar spine fusion at L3-S1, but her claim for a bilateral ankle disorder remains pending as additional evidence and information are needed.

The Veteran's service-connected degenerative disc disease at L5-S1 with mild levoscoliosis is currently rated as 10 percent disabling. The Board finds that the evidence does not support a higher rating based on current symptomatology.

The Board has determined that further development is needed to clarify the nature and etiology of the Veteran's current low back disorder and cholecystectomy residuals, as well as obtain any outstanding treatment records. The case will be remanded for these purposes.

The Board has determined that the Veteran's lumbar spine disorder was not incurred in or aggravated by active service and may not be presumed to have been incurred therein. The cervical spine and left shoulder disorders are currently unresolved issues.