Back / lumbar spine decisions — 2011

The Veteran's right shoulder disability is service-connected as secondary to his cervical spine disability. The initial rating for the cervical spine disability remains at 20 percent.

The Board has determined that the Veteran does not have a current low back disorder related to service, and thus denied his claim for service connection.

The Veteran's claims for service connection for a back disability, an increased rating for asthma, and TDIU were denied. The Board found that the Veteran does not have a currently diagnosed back disorder, his asthma has been adequately treated, and he is not unemployable by reason of his service-connected asthma.

The Board denied the Veteran's claims for service connection for left knee arthralgia, right shoulder myofascitis, and mid-thoracic and lumbar back spasms due to lack of evidence linking these conditions to his military service.

The Board has determined that the Veteran's chronic low back strain is related to service and grants entitlement to service connection.

The Veteran's service-connected dorsolumbar strain is currently rated at 20 percent, but the VA examiner found that his current range of motion and flare-ups warrant a higher rating up to 40 percent.

The Board has remanded the case for additional development due to inadequate examination reports and incomplete treatment records. The claims of service connection and TDIU are inextricably intertwined.

The Board has remanded the case due to incomplete service records and the need for further medical examinations. The Veteran's claims for back disability and bilateral shoulder disability are pending.

The Board denied service connection for a lumbar spine disability, finding that there was no evidence of chronic lumbar spine disability in service and the Veteran's assertions of continuity of symptoms since service were not credible.

The Board has granted service connection for bilateral hearing loss and denied the remaining issues. Bilateral hearing loss is related to military service, while other conditions are not shown to be connected.

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's current low back disorder and whether it is related to his active duty service. The case will be returned for further action.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a VA examination to assess the nature and etiology of her claimed conditions.

The Veteran's claim for TDIU benefits was granted effective February 3, 2006. The decision is based on the severity of his service-connected depressive disorder and degenerative disc disease of the cervical spine.

The Board has remanded the case for further development and consideration of the Veteran's claim to service connection for a lumbar spine disability.

The Veteran's claims for increased evaluations of his service-connected lumbar spine, right shoulder, hypertension, and TMJ disabilities were denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The Board finds that the Veteran's low back disability was incurred in service and grants service connection for this condition.

The Veteran's claim for an increased evaluation of his service-connected back disability was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine, which is required for a rating greater than 40 percent.

The Veteran's claim for an increased rating for his service-connected thoracolumbar spine disability was denied, as the evidence did not show that he met the criteria for a higher rating based on orthopedic manifestations and incapacitating episodes. The cervical spine disability claim was also denied as there is no evidence of its onset during service or connection to service.

The Board has ordered a remand for further development regarding the Veteran's claim of service connection for a back disorder, specifically whether it is at least as likely as not aggravated by his service-connected gunshot wound to the left calf.

The Veteran's claims for service connection for a right knee scar, arthritis of the pelvic bones, and shin splints were denied. The Board found that there was no current evidence of these conditions.