Back / lumbar spine decisions — 2011

The Board denied the appellant's petition to reopen his claim of entitlement to service connection for a low back disability and determined that he failed to report for VA examinations. The right knee chondromalacia was rated at 10 percent, but the TDIU claim was also denied.

The Veteran's claims for increased ratings were dismissed due to his failure to appear for a scheduled VA examination without good cause.

The Board has determined that the Veteran's low back disorder and neck disorder are related to his military service, granting service connection for both conditions.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration disability benefits information. A VA examination will be scheduled to assess the nature and etiology of his low back condition and PTSD symptoms.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for a low back disorder. The Veteran now has a current clinical disability of the low back, which was not shown at the time of the prior denial.

The Board has denied the Veteran's claims for service connection for a right shoulder disorder and low back disorder. The claim for service connection for diverticulitis is pending, as is the claim for service connection for hypertension secondary to PTSD.

The Board finds that the Veteran's claims for service connection for various conditions, including right knee disability, left knee disability, right hip disability, hemorrhoids, hepatitis C, and hypertension, cannot be granted as there is no evidence linking these conditions to his military service.

The Board has determined that the Veteran's degenerative disc disease is at least as likely as not aggravated by his service-connected bilateral hallux valgus, and granted service connection for this condition.

The Veteran seeks service connection for low back and neck disabilities. The Board has determined that additional development of the record is needed before proceeding with adjudication.

The Veteran's service-connected lumbar spine disability did not meet the criteria for a higher rating prior to December 9, 2008. From that date, it also did not meet the criteria for a 40 percent rating.

The Board has granted an initial 20 percent rating for the service-connected cervical spine disability, effective August 12, 2006.

The Board has remanded the case for a Travel Board hearing due to the Veteran's request and will not make a determination on the merits of the service connection claims until further notice.

The Board has determined that the Veteran's chronic low back disorder, specifically a chronic lumbosacral strain, is due to an injury sustained during his military service and grants the claim for service connection.

The Board has decided to remand the case for further development and examination, as there is not enough information in the record to make a decision on the Veteran's claim of entitlement to a permanent and total disability rating for nonservice-connected pension purposes.

The Board has determined that the effective dates for service connection of degenerative disc disease of the cervical spine and intervertebral disc syndrome of the right upper extremity with right carpal tunnel syndrome cannot be earlier than January 17, 2007.

The Veteran's appeal is remanded for scheduling a Video Conference hearing before the Board of Veterans' Appeals.

The Veteran's lumbar spine disability is manifested by greater than 60 degrees flexion, a combined range of motion of greater than 120 degrees, and no muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour; there are no incapacitating episodes. The criteria for a rating greater than 10 percent have not been met.

The Board denied the Veteran's attempts to reopen his claims for service connection for residuals of trauma to the lower lumbar region, scoliosis, and a bilateral leg condition due to lack of new and material evidence.

The Board has reopened the Veteran's claims for service connection for gouty arthritis, chronic low back disability, and right ankle disability. However, it was not established that these conditions were incurred in or aggravated by military service.

The Board has determined that additional development is needed to determine the nature and likely etiology of the Veteran's low back disability, including obtaining medical records from various providers. The case will be remanded for further action.