Back / lumbar spine decisions — 2011

The Veteran's acquired psychiatric disorder, diagnosed as depression and PTSD, is found to be etiologically related to service. The claim for Epstein-Barr virus and low back disability are remanded for further development.

The Veteran is granted service connection for a scar over the right eyebrow area, but his claim for a back disorder is denied as there is no current evidence of a disability.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's low back disorder is related to service.

The Veteran's claim for service connection for hoarseness secondary to his cervical fusion of the lateral intervetebral disc C5-6 has been reopened and granted. The Veteran is also entitled to special monthly compensation based on the need for regular aid and attendance due to his multiple service-connected disabilities.

The Board has determined that additional development is needed to obtain the Veteran's service treatment records and National Guard medical records, as well as evidence related to his Social Security Administration (SSA) disability benefits decision. The case will be remanded for these purposes.

The Board has restored the 20 percent ratings for the Veteran's right and left knee disabilities, effective November 1, 2008. The increased rating claims for both knees have been denied.

The Board has remanded the claims of service connection for depressive disorder and a back disability due to additional development being needed. The Veteran's file must be made available to the examiner.

The Board has granted a 20 percent disability rating for the Veteran's service-connected lumbosacral strain, effective from June 2002. The Veteran also receives a separate noncompensable disability rating for nocturia related to his lumbar spine disability.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by service and denied his claim.

The Board denied service connection for a low back disorder and migraine headaches, to include blackout spells, finding that the preponderance of evidence does not establish an etiological link between these conditions and military service.

The VA determined that the Veteran's current low back disability is not related to his military service, including any injury sustained in a 1978 motor vehicle accident.

The Veteran's claims for increased ratings were granted, with the cervical spine disorder receiving a 20% rating and the lumbar spine disorder receiving varying ratings based on different time periods. The radiculopathy of both lower extremities was also granted but rated as noncompensable.

The Board has determined that the Veteran does not have a current diagnosis of ruptured stomach muscles or low back disorder, and therefore cannot establish service connection for these conditions. The claim for secondary service connection for a low back disorder is also denied as there is no service-connected disability to support such a claim.

The Veteran's lumbar spine disability is service-connected, and he has been granted a TDIU based on his cervical spine and left shoulder disabilities. The other issues remain pending for further development.

The VA determined that there is no evidence linking the appellant's lower back disability to his service-connected cervical spine disorder, and thus denied the claim for secondary service connection.

The Veteran's claim for an increased rating for his service-connected lumbar spine disorder is being remanded due to inadequate evaluation of the condition. The Board will seek a new VA examination and medical opinion to determine the current severity of the disability.

The Board has determined that the Veteran's service-connected conditions alone are of such severity as to preclude him from securing or following a substantially gainful occupation.

The Board has determined that the Veteran's DDD of the lumbosacral spine had its onset during active service and is therefore granted service connection.

The Board found that the Veteran's lumbar spine degenerative disc disease and spondylosis were not incurred in or aggravated by active service, nor may it be presumed to have been so incurred.

The Board found that the Veteran's current back disability, including osteoarthritis of the facet joints and degenerative disc disease, was not incurred in or aggravated by active service. The earliest clinical evidence of a back disability is from 1994, approximately 41 years after separation from service.