Back / lumbar spine decisions — 2011

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

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to the need for additional examination and opinion regarding the etiology of his current condition.

The Board has reopened the Veteran's claim for service connection for a low back disability due to new and material evidence. However, the case is being remanded for further development including an examination to determine the etiology of her current condition.

The Veteran's claims for service connection are being remanded due to inadequate VCAA notice.

The Veteran's back disability and acquired psychiatric disorder (claimed as depression) are not service-connected. The Board finds that the evidence does not support a finding of direct service connection for these conditions.

The Veteran's service-connected lumbosacral strain with DDD was evaluated at a 10 percent disability rating from March 24, 2005 to October 28, 2008. The right shoulder strain was also rated at 10 percent during the same period.

The Board found new and material evidence sufficient to reopen the claims of service connection for low back and right arm disabilities, but did not determine whether these conditions were incurred or aggravated by active duty service. The decision is mixed as it reopened the claims without deciding their merits.

The Board has determined that the Veteran's low back disability with right leg radiculopathy is not caused by or a result of the August 2005 bone marrow biopsy conducted at the Cincinnati VA Medical Center, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a higher rating or an earlier effective date.

The Board has determined that the Veteran's current low back disability is etiologically related to his service-connected left knee disability, and thus grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations.

The Board found no evidence of a chronic lumbar spine or left knee disorder during service and denied the Veteran's claims for service connection.

The Veteran's service-connected lower back disability is not manifested by unfavorable ankylosis of the entire thoracolumbar spine, unfavorable ankylosis of the entire spine, or intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks during the past 12 months. Therefore, his claim for higher ratings was denied.

The Veteran's arthritis of the lumbosacral spine is not considered to be proximately caused by VA treatment, and therefore compensation under 38 U.S.C. § 1151 is denied.

The Veteran's appeal is being remanded for additional examination to determine the extent of his remaining foot function and whether he has lost use of either lower extremity due to service-connected disabilities. Relevant medical records from the University of Michigan are also requested.

The Veteran's claims are being remanded for further development, including a VA compensation examination to reassess the severity of his low back and left leg disabilities.

The Veteran is seeking an increased rating for his service-connected lumbar spine injury with degenerative joint disease, degenerative disc disease, stenosis and intermittent recurrent sciatica radiculopathy. The Board has determined that the current evidence of record is not sufficient to make a decision on this issue and has therefore remanded the case for further development.

The Veteran's service-connected disabilities, including spondylolysis and degenerative joint disease of the lumbar spine, do not render him unemployable due to his inability to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection have been previously denied, and the Board is remanding the case to determine if new and material evidence has been received to reopen these claims.

The Veteran's claim for a total disability rating based on individual unemployability due to his service-connected degenerative disc disease of the lumbar spine is being remanded for additional development, including obtaining VA and private medical records, VRT records, and Social Security Administration earnings statements. The case will be submitted to the Under Secretary for Benefits or the Director, Compensation and Pension Service, for extraschedular consideration.