Back / lumbar spine decisions — 2011

The Board found that the Veteran does not have a back disability etiologically related to active service or to a service-connected disability, and denied his claim for service connection.

The Veteran's appeal is being remanded to the RO for a retrospective medical opinion regarding whether her service-connected disabilities rendered her unemployable from April 5, 2006 to December 31, 2007. The case will be readjudicated after obtaining this information.

The Board found no evidence of a chronic low back or right shoulder disability related to service, and thus denied the Veteran's claims for service connection.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and severity of his service-connected lumbar strain and whether sciatica of the lower extremities is proximately due to or aggravated by this condition. The TDIU claim is also inextricably intertwined with these issues.

The Veteran's service-connected lumbosacral strain is currently evaluated at 20 percent, and the Board finds that a higher evaluation is not warranted.

The Veteran's right knee disability is currently rated at 50 percent, but the Board finds that his current limitation of extension does not warrant a higher rating.

The Veteran's service-connected disabilities, including traumatic arthritis of the lumbar spine and right knee, residuals status post pilon fracture with open reduction and retained hardware, right tibia, ankle, and a fracture of the left femur, render him physically helpless in performing activities of daily living or protecting himself from everyday hazards.,The Veteran's service-connected disabilities have rendered him so helpless that he requires regular aid and attendance.

The Board has reopened the Veteran's claims of service connection for hearing loss and lumbosacral spine disability, finding that new and material evidence has been received. The Veteran is now entitled to a full merits review on these issues.

The Board found no evidence of a low back disability or heart condition during the Veteran's service, and denied his claims for service connection.

The Veteran's claims for increased ratings for PTSD, lumbosacral strain, and left knee disability were denied as the evidence did not show that his service-connected conditions warranted higher ratings.

The Veteran's service-connected lumbar disc disease with degenerative changes and associated radiculopathies do not meet the criteria for a higher disability rating. The Board denied all claims, including TDIU.

The Veteran's appeal for service connection for bilateral hearing loss and increased rating for a lumbar spine disability has been withdrawn. The claim of an earlier effective date for the right knee disability is dismissed as it constitutes a freestanding claim. The psychiatric disability does not meet the criteria for a higher than 30 percent rating.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected lumbar spine disability, evaluate his stomach disorder under 38 U.S.C.A. � 1151, and determine whether he has a cervical spine disorder that is related to his service-connected lumbar spine disability.

The Board has remanded the case for further development, including obtaining updated medical records and a VA examination to assess the current level of disability due to the service-connected lumbosacral strain with herniated disc at L5-S1. The Veteran's claim for appropriate rating of his secondary service-connected depression is also referred back to the RO.

The Board has determined that there is no evidence to support the Veteran's claims for service connection of a cervical spine disorder, back disorder, or headache disorder. The preponderance of the evidence is against finding any such disorders are related to military service.

The Veteran's appeal is remanded for further development, including new VA examinations and consideration of her claims for service connection on a secondary basis.

The Veteran's service-connected lumbar spine disability alone does not prevent him from securing and maintaining substantially gainful employment.

The Board has remanded the case for further development, including obtaining SSA records and scheduling a VA examination.

The Board has found that the Veteran's low back disorder, including arthritis, is not service-connected. The claim for osteopenia remains unresolved.

The Veteran's claims for increased rating, service connection for right hip disability, and psychiatric disability were denied. The denial of the psychiatric disability claim is due to a lack of evidence showing it was incurred in or aggravated by service.