Back / lumbar spine decisions — 2011

The Veteran's claims for back disability, left ankle disability, and diabetes mellitus are being remanded due to the need for additional development including verification of service dates, VA examinations, and obtaining SSA records.

The Veteran's service-connected disabilities result in his requiring assistance with a number of his activities of daily living (ADLs) and require care or assistance on a regular basis to protect himself from hazards or dangers incident to his daily environment, warranting SMC based on aid and attendance.

The Board has remanded the case due to the Veteran's request for a Travel Board hearing at the RO.

The Veteran's claims for service connection have been denied.,The Veteran's claim for an initial rating in excess of 10 percent for a bilateral knee disability has been denied.,The Veteran's claim for an initial rating in excess of 10 percent for a left hip disability and GERD has been granted with an initial rating of 10 percent.,The Veteran's claims for service connection have been denied.,The Veteran's claim for an initial rating in excess of 10 percent for a skin disability has been denied.,The Veteran's claim for service connection has been denied.,The Veteran's claim for an initial rating in excess of 10 percent for a left ankle disability has been denied.,The Veteran's claim for service connection has been granted with an initial rating of 40 percent.

The Board denied all issues on appeal, including entitlement to increased ratings for the dry eye syndrome and service connection claims for various shoulder, knee, and back disorders. The denial of new and material evidence in reopening left and right shoulder disorder claims was also upheld.

The appeal has been dismissed as the appellant's authorized representative withdrew the appeal prior to a decision being made.

The Veteran's claim for service connection for degenerative disc disease and facet joint arthritis, lumbosacral spine has been granted. The issue of sleep apnea is remanded as the statement of the case was not issued.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied service connection for low back and left leg disorders, finding that the Veteran's conditions were not incurred or aggravated by active service and were not related to a service-connected disability.

The Board found that the Veteran's claimed disabilities, including right knee disability, left knee disability, back disability, left elbow disability, right hand disability, and left hand disability, were not incurred or aggravated by service. The claims for these conditions are denied.

The Veteran's DDD of the lumbosacral spine is currently rated at 40 percent, and there are no findings indicating ankylosis or incapacitating episodes. The current rating adequately reflects the severity of his disability.

The Veteran's service-connected lumbosacral strain, degenerative disc disease, and post-operative interbody fusion L4-5 and L5-S1 have been rated at 60 percent since March 3, 2001. The Board has determined that the disability is no more than 60 percent disabling.

The Board found no clear and unmistakable evidence to rebut the presumption of soundness at the time of entry into service. The Veteran's back disability is not attributable to any event, injury or disease during service.

The Board found that the Veteran's service-connected degenerative disc disease of the lumbar spine does not meet or approximate criteria for a disability rating higher than 40 percent.

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's low back disability, including whether it is related to service. The case will be returned for further development and readjudication.

The Veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board found that the Veteran failed to report for scheduled VA examinations and did not provide a credible explanation. The claim for an increased rating for back disability was denied as there is no evidence of hospitalization or exceptional/unusual circumstances, and the preponderance of the evidence does not support a finding of service connection for left knee disability.

The Board has determined that the Veteran's back disability was not incurred in or aggravated by service, nor is it related to his service-connected pelvis fracture. The claim for service connection for a back disability is denied.

The evidence does not establish that the Veteran's current low back disorder was incurred or aggravated by his period of active service. The Board finds that the preponderance of the medical evidence does not indicate a link between the Veteran's in-service injury and his current condition.

The VA Director of Compensation and Pension Services denied an extraschedular rating for the Veteran's service-connected low back disorder, finding that his disability picture is reasonably contemplated by the regular Rating Schedule criteria.