Back / lumbar spine decisions — 2011

The Board found that the Veteran's low back disability was not incurred in or aggravated by active service and arthritis of the low back could not be presumed to have been incurred during such service.

The Board finds that the Veteran's claimed bilateral shoulder, knee, and back disorders are not related to his military service. The evidence does not show any in-service injury or disease leading to these conditions.

The Board finds that the Veteran's low back injury is not service-connected as there is no evidence of a chronic condition during or within one year after service, and the medical opinion indicates it is less likely than not related to his service. The claim for depression remains pending.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a low back disability. The Veteran's current diagnosis of degenerative disc disease (DDD) of the thoracolumbar spine, along with an opinion linking his back disability to injuries sustained during active service, raises a reasonable possibility of substantiating this claim.

The Board finds that the preponderance of evidence is against the Veteran's claim for service connection for a low back disorder, as there is no medical evidence showing a chronic disability during or within one year after service and the current condition is not related to service or service-connected left knee disorder.

The Board found that the Veteran's degenerative arthritis and stenosis of the lumbar spine is not etiologically related to his period of active service, nor is it proximately due to or a result of his service-connected coccygodynia.

The Veteran's lumbar spine disability is rated at 60 percent effective May 2, 2002. The left knee disability remains rated at 30 percent overall.

The Board has determined that the Veteran's bilateral foot, ankle, knee, and low back disorders are not related to his military service. The evidence does not show a connection between these conditions and his active duty.

The Veteran's combined service-connected disability rating is 40%, which does not meet the threshold minimum percentage rating requirements for a TDIU. The evidence does not support his claim that he is unemployable due to his service-connected disabilities.

The case is being remanded for additional development, including scheduling the Veteran for VA examinations to assess her back disorder and hypertension, as well as determining whether her service-connected disabilities would preclude gainful employment.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records from Dr. O. Bautista and a clinical report from him regarding the Veteran's back pain history.

The appeal is being remanded to the RO for additional development regarding service connection for a low back disorder.

The Veteran's service-connected lumbar spine degenerative changes are currently rated at 40 percent effective from June 10, 2009. The neurological manifestations of the left and right lower extremities associated with this disability are each rated at 20 percent.

The Veteran's claim for increased ratings for his lumbar spine disability was denied. The Veteran is currently rated at 40 percent since October 8, 2010.

The Board has granted service connection for arthritis of the hands, feet, legs (knees), shoulders, ankles, and cervical and lumbar spine segments.

The Veteran's claims for higher ratings for low back strain and right lower extremity radiculopathy were denied. The current rating of 40 percent for low back strain is the maximum available under the applicable diagnostic codes.

The Board finds that the Veteran's current back disability is not related to his service, including an in-service fall during active duty for training. The VA examiner concluded that any connection between the Veteran's current back disability and his in-service fall was doubtful.

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 Board has remanded the case for additional development, including an examination and verification of the Veteran's service records. The Veteran is seeking to establish service connection for a low back disability.

The Veteran's claims for service connection are being remanded due to the need to determine whether his National Guard service was federal or state in nature. The hearing loss disability claim is also being remanded as a new opinion is required from a VA audiologist.