Back / lumbar spine decisions — 2011

The Board has determined that additional evidentiary development is necessary prior to the readjudication of the Veteran's claim of entitlement to service connection for lumbar spine strain, to include as secondary to a service-connected right knee disability.

The Veteran's service-connected lumbosacral strain and related conditions are rated at 20 percent, effective from the date of the decision.

The Veteran's claims for service connection for renal cell carcinoma, back disability, and depression were denied. The denial of the renal cell carcinoma claim is final as new and material evidence has not been submitted. Service connection was not established for the back disability or depression.

The Veteran's appeal is remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of his service-connected low back disability. The issue of entitlement to TDIU is also remanded.

The Veteran's service connection claims for lumbar and cervical spine disabilities have been granted, with a rating of 10 percent effective from the date of claim. The right shoulder disability remains rated at 40 percent.

The Board found that the Veteran's low back condition was not incurred in or aggravated by military service and may not be presumed to have been incurred therein.

The Board has remanded the case for further development, including obtaining complete treatment records and scheduling a VA examination to determine the nature and likely etiology of any currently demonstrated back disability. The Veteran's claim will be reconsidered based on the additional evidence.

The Board found no evidence of a back injury during active duty and the Veteran's self-reported history is not credible. The current back disorder was first diagnosed decades after service, and there is no competent medical evidence linking it to service.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected disabilities and their impact on employment. The TDIU claim will also be referred to the Director of Compensation and Pension for initial consideration.

The Board has determined that the Veteran's low back disability is not service-connected as it did not manifest during service and there is no evidence of continuity of symptomatology. The compensable rating for bilateral hearing loss was also denied.

The Board has determined that the Veteran's current low back disorder and major depressive disorder are not related to his military service, thus denying these claims. However, the claim for service connection of a major depressive disorder is granted as it was found to be reasonably related to service.

The Veteran's allergic rhinitis was rated at 10 percent prior to August 2008 and at 30 percent since then. The Board found that service connection for a low back disability is not warranted as there is no evidence of such condition during active duty or within the applicable presumptive period.

The Board has found no evidence of a chronic low back disability during service or within one year after separation, and the Veteran's current low back pain is attributed to her deconditioning. Therefore, service connection for a low back disability is denied.

The Veteran's claims for service connection for low back, right knee, and left hip disabilities are being remanded due to the need for additional development including obtaining medical records and addressing the issues of direct service connection as well as secondary service connection.

The Board denied the Veteran's claim for an effective date prior to October 16, 2001, for a 40 percent evaluation for low back strain with degenerative disc disease as there was no evidence of a factually ascertainable increase in disability within one year before the date of his claim.

The Veteran's claim for specially adapted housing assistance is being remanded due to the need for additional examination and review of evidence.

The Board has determined that the Veteran's current diagnosed sinus disorder (chronic allergic sinusitis and rhinitis) is related to his period of service, granting service connection for this condition. The lumbar spine disorder was also found to be directly related to service.

The Veteran seeks service connection for a low back disorder. The VA examiner opined that the current disorder is not related to service, but this opinion was inadequate as it did not consider the Veteran's lay statements regarding continuity of symptoms since service. The case is REMANDED for an addendum opinion and consideration of aggravation.

The Board found that the evidence did not establish a direct service connection for the Veteran's back disorder and denied his claim. For prostate cancer, the Board also denied an evaluation in excess of 20 percent prior to June 23, 2008, and in excess of 40 percent beginning from June 23, 2008.

The Board has determined that the Veteran's service-connected PTSD alone would have precluded him from obtaining or maintaining any gainful employment since August 6, 1993. As a result, an effective date of August 6, 1993 for special monthly compensation based on housebound status is granted.