Back / lumbar spine decisions — 2011

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

The Veteran's claims for service connection for lumbar spine and bilateral knee disorders are being remanded due to the need for additional development, including a new VA examination.

The Board has determined that the Veteran does not have current disabilities related to his service-connected conditions or any in-service injuries, and therefore, denied all claims of service connection.

The Board found that no new and material evidence had been submitted to reopen the Veteran's claims for service connection for a cervical spine strain, schizophrenia, right ear hearing loss, degenerative joint disease of the lumbar spine, or fibromyositis. The effective dates for increased disability ratings were also denied.

The Board has determined that the Veteran's lumbar spine and bilateral knee disabilities are related to service, but further examination is needed to determine if these conditions were caused or aggravated by service. The Veteran also needs a VA examination for his current hearing loss.

The Veteran's lower back disability is currently rated at 20 percent, and he has been granted service connection for right hip and left hip disabilities. He was denied service connection for hearing loss in the right ear but his claim of reopening a previously denied claim for hearing loss in the left ear remains pending.

The Veteran's back disability is found to be secondary to his service-connected disabilities, specifically the right BKA and right buttock injuries. The Board grants service connection for this condition.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and private treatment records.

The Board has determined that the Veteran's lumbar spine disability, which is diagnosed as degenerative disc disease, was incurred during his active service.

The Board has remanded the claims due to incomplete evidence and a need for further examination.

The Veteran's lumbar spine disability was previously rated at 10 percent, and the RO increased it to 20 percent effective August 28, 2008. The rating is for his service-connected lumbar spine disorder only.

The Veteran's service-connected degenerative joint disease of the lumbar spine is currently rated at 10 percent, which reflects the current functional impairment. The evidence does not support a higher rating under the applicable VA rating criteria.

The Veteran's claims for service connection and increased rating for bilateral pes planus with posterior heel spurs, as well as secondary service connection for a low back disability, were denied. The Board found no evidence of an in-service elbow injury or disease, thus denying the claim for service connection for a bilateral elbow disability. For the bilateral pes planus with posterior heel spurs, the Veteran's symptoms are currently manifested by moderate symptoms including pain on use of the feet without characteristic callosities or marked deformity, warranting a 10% rating.

The Veteran's claim of service connection for schizophrenia was denied. The Board found that the evidence did not support a finding of in-service onset or continuity of symptomatology, and thus denied this claim. Service connection for lumbosacral spine disability, including degenerative disc disease and spondylosis, was also denied as there was no credible evidence linking these conditions to service.

The Board found that the Veteran's pre-existing degenerative disc disease of the lumbar spine did not clearly and unmistakably exist prior to entry into service, nor was it aggravated by active service. Therefore, service connection for this condition is denied.

The Veteran's request for a waiver of his debt resulting from overpayment of VA compensation benefits was timely filed, and the Board has granted this appeal.

The Veteran's service-connected disabilities are not considered to be an employment handicap, and she is already employed in a suitable position. Therefore, additional vocational rehabilitation benefits under Chapter 31 have been denied.

The Board denied the Veteran's claim for service connection for lumbar radiculopathy, finding that there was insufficient evidence to establish a direct relationship between his current condition and his military service or service-connected right hip strain.

The Board has determined that service connection is not warranted for degenerative disc disease of the lumbar spine or numbness of the fingers, as both conditions are considered to be related to non-service-connected factors.

The Veteran's claim for an increased rating for his service-connected recurrent lumbar strain with degenerative disc disease of the lumbar spine is being remanded due to a lack of recent VA examination and treatment records.