Back / lumbar spine decisions — 2011

The Board found that the Veteran's low back disability is not related to service and was not caused or aggravated by his service-connected myositis of the right shoulder. The claim for an increased rating for myositis, right shoulder, was also denied.

The Veteran's low back disability has been rated at 20 percent since February 21, 2006. The current rating is denied as the evidence does not meet the criteria for a higher evaluation.

The Board has remanded the case for additional development, including obtaining VA examinations and arranging for the Veteran to undergo appropriate VA examinations.

The Board has granted a 60 percent rating for the Veteran's lumbar spine disability since January 15, 2007. The claims for increased ratings of his right and left knee disabilities, as well as for initial compensable rating for residuals of tonsillectomy, have been denied.

The Veteran's claims for a higher rating for his right arm disability and service connection for low back and neurological impairment of the right upper extremity were granted. The right arm disability is rated at 10% effective June 21, 2006.

The Veteran's lumbar strain disability, currently rated at 20 percent, is now rated at the maximum 40 percent under the General Rating Formula for Diseases and Injuries of the Spine.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by active service and is not related to his service-connected left foot disorder. The claim for secondary service connection was also denied.

The Veteran's mechanical low back pain has been rated at 20 percent since October 26, 2009.

The Veteran's headaches, which are now rated at 50 percent disabling, have become more frequent and severe, requiring bedrest in a dark room for more than half of her episodes. Her degenerative spondyloarthritis of the lumbar spine also worsened, affecting her ability to engage in physical or sedentary employment.

The Board has determined that the Veteran does not have a bilateral eye disability related to active service, and his sleep apnea is not related to active service. Hypertension was presumed due to Agent Orange exposure but is not considered secondary to any service-connected condition. The low back/hip disability and skin cancer are also not related to active service or secondary to any service-connected condition.

The Board has remanded the case for additional development of medical records and readjudication of the Veteran's claim for an increased rating for multiple retained metal fragments and a history of low back pain and arthritis, as residuals of a gunshot wound of the abdomen.

The case is being remanded to the RO for additional development, including obtaining VA treatment records from Houston VA facilities from 2000-2001 and providing a new VA examination if necessary. The Veteran's claim will be reviewed again after this additional development.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if service connection is warranted for left leg and back disability.

The Board denied the Veteran's claim for service connection for cervical radiculopathy secondary to his service-connected facet syndrome with sclerosis of the lumbosacral spine.

The Board has determined that the Veteran's low back and neck conditions are secondary to his service-connected right fifth toe condition, granting service connection for these conditions.

The Board has remanded the case for additional development, including obtaining medical records and ensuring all relevant evidence is considered in the decision.

The Veteran seeks to reopen his claims for service connection for various conditions, including left ankle disorder, headaches, back disorder, depression, bilateral foot disorder, obstructive sleep apnea, and hypertension. The RO previously denied these claims in January 2003 due to lack of evidence linking the conditions to service or showing current diagnoses.

The Board denied service connection for a back condition as secondary to the Veteran's service-connected fractured pelvis in November 1999. The decision is not considered clear and unmistakable error.

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

The Veteran's claims for increased evaluations for his service-connected degenerative disc disease of the lumbar spine, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity are being remanded due to the need for additional medical examination.