Back / lumbar spine decisions — 2011

The Veteran's degenerative intervertebral disc disease of the lumbar spine has not improved since the last examination, and thus her disability rating should be restored to 40 percent.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess his current level of disability.

The Board has reopened the Veteran's claim of service connection for a low back disability and remanded other claims due to need for further development. The decision on these issues is pending.

The Veteran's appeal is being remanded due to the need for a hearing before the Board of Veterans' Appeals.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by service, as his allegations of a severe injury during parachute jump were inconsistent and not credible. The preponderance of evidence is against finding service connection.

The Veteran's lumbosacral strain was found to not meet the criteria for a higher rating, as his symptoms did not warrant an increase beyond the current 10 percent rating.

The Board has determined that additional development is needed to obtain the Veteran's complete treatment records and to address his claims for service connection. The case will be returned to the RO/AMC for further action.

The Veteran's service-connected disabilities, including Meniere's syndrome with deafness and tinnitus, chronic obstructive pulmonary disease (COPD), chronic lumbosacral strain and degenerative arthritis, residuals of a left wrist injury, and residuals of a right wrist injury, have rendered him unable to secure or follow substantially gainful employment. The Board has granted the TDIU claim.

The Board has determined that further development is needed, including scheduling a VA examination and obtaining relevant medical records. The Veteran's claims for service connection for back disability and shoulder disability will be readjudicated after this additional development.

The Veteran's claim for service connection for a right hip disorder was denied as there is no evidence of a current right hip disorder. The Board found that the Veteran's complaints related to his right leg were diagnosed as neuropathy, not arthritis.

The Veteran's claims for service connection for a bilateral hip condition and low back disorder have been denied as there is no evidence of such conditions during or within one year after service, and the current diagnoses are not linked to service.

The Veteran's claims for an increased evaluation for his lumbar spine disability and TDIU are being remanded due to the need for additional development, including consideration of new evidence.

The Board denied the Veteran's claims for service connection of a low back disorder and an acquired psychiatric disorder, both secondary to his service-connected residuals of fracture of the ninth left rib.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional medical examinations, consideration of new evidence, and further development.

The Board found that the Veteran's back disorder is not related to his active duty service and denied his claim.

The Veteran's appeal involves multiple service-connected disabilities, including lumbar spine degenerative joint disease, depressive disorder, right knee degenerative joint disease, and left shoulder disability. The RO has already granted service connection for these conditions but is seeking higher initial ratings.

The Board has remanded the case for additional development, including obtaining VA and reserve service records, as well as a medical opinion regarding the etiology of the Veteran's low back disorder. The appeal is now pending with the RO.

The Veteran's service-connected disabilities do not meet the eligibility requirements for specially adapted housing or a special home adaptation grant.

The Board has remanded the case to afford the Veteran a VA examination in connection with his claims for service connection for various arm, shoulder, neck, and back disorders. The examiner should consider the Veteran's assertions of injuries during service and provide an opinion on whether it is at least as likely as not that any identified disabilities are related to military service.

The Veteran's claims for increased ratings were denied as the conditions did not meet the criteria for higher initial ratings.