Back / lumbar spine decisions — 2011

The Board found that the Veteran's low back disorder preexisted service and was not aggravated by service, thus rebutting the presumption of soundness at entry. The claim for service connection is denied.

The Board denied reopening the claim for service connection for a low back injury, finding that no new and material evidence had been submitted.

The Veteran's service-connected disabilities, including left hip dysplasia, removal of the uterus, chronic tendonitis of the left shoulder, spondylolysis of the lumbar spine, cervical strain with trace bulging at the C4-5, C5-6 and C6-7 levels, chronic tendonitis left knee, uterine fibroids, and removal of the right ovary, have rendered her unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's current hemorrhoids are related to his military service, and thus grants entitlement to service connection for hemorrhoids. The cervical/lumbar spine condition claim is remanded for additional development.

The Veteran was found to be in need of aid and attendance due to his service-connected lumbar spine and left shoulder disabilities from December 1, 2002 to May 31, 2006. He is not housebound.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and low back disorder, with the latter being found not related to active military service.

The Veteran's appeal has been dismissed as she withdrew her Substantive Appeal prior to the Board issuing a decision.

The Board has determined that the Veteran's current low back disability and sleep apnea are not related to service, including as secondary to his service-connected PTSD. The evidence does not support a finding of service connection for these conditions.

The Veteran does not have a current diagnosis of any low back disability and the Board finds that service connection for a low back disability is denied.

The Board has reopened the claims for service connection for residuals of a head injury (including post-concussion syndrome and psychiatric disorder) and lumbosacral strain. The claim for residuals of a head injury is granted on the merits, while the claim for lumbosacral strain is remanded to obtain further examination and opinion regarding its etiology.

The Veteran's tinnitus and unexplained health problems due to Agent Orange exposure are service-connected. However, the Board denied service connection for a back disability as it was not incurred or aggravated during active service.

The Veteran's claims for service connection are being remanded due to inadequate medical examinations and incomplete service treatment records. Further examination is needed, and the RO must obtain his ACDUTRA service records.

The Veteran's application for extension of the temporary total evaluation and special monthly compensation based on loss of use of a creative organ was denied. The Board found that his subjective complaints did not warrant extending his convalescent period, and he is able to have an erection at least some of the time.

The Veteran's service-connected gunshot wound, left foot with fracture of the second metatarsal is rated at 30 percent. The appeal for a separate evaluation for digital nerve dysesthesia and a tender scar on the sole of the left foot is granted.

The Veteran's claims for left Achilles tendonitis and spondylolysis of the 5th lumbar vertebra, without spondylolisthesis, and chronic lumbar strain have been reopened. The claim for a rating in excess of 20 percent for right Achilles tendonitis remains denied.,Additional development is required before the claims can be adjudicated.

The Board denied the Veteran's claims for service connection, effective dates, and compensation under 38 U.S.C.A. § 1151 due to lack of new and material evidence.

The Veteran's service-connected disabilities, including DDD of the lumbar spine and sciatica of both lower extremities, do not render him unable to secure or follow substantially gainful employment.

The Veteran's claims for increased ratings for his service-connected lumbar spine and right hip disabilities were denied. His TDIU claim was added to the appeal but is not addressed in this decision.

The Board denied the Veteran's claims for earlier effective dates for a 60 percent rating for residuals of a lumbar spine injury and for TDIU, finding that it was not factually ascertainable that his service-connected disabilities warranted such an increase prior to October 4, 2001.

The Board has granted the Veteran's applications to reopen his previously denied claims for service connection for degenerative joint disease of the lumbar spine, degenerative joint disease of the right thumb, and migraine headaches.,Service connection is now established for these conditions.