Back / lumbar spine decisions — 2011

The Veteran's lumbar spine disability is currently rated at 40 percent, effective March 3, 2011. The claim for a higher rating prior to that date remains denied.

The Board has remanded the case for additional development, including obtaining service treatment records and VA medical records, scheduling a VA examination to determine the nature and etiology of the Veteran's migraine headaches, and readjudicating the issue on appeal.

The Veteran's appeal has been withdrawn regarding the issue of residuals of colonoscopy with polyp removal. The Board finds that service connection is not warranted for any of the other issues raised, as there is no evidence of a current disability or nexus to service.

The Board has denied all service connection claims, including for right hip and low back disorders as secondary to the Veteran's service-connected right knee disability. The Veteran's bilateral hearing loss was also not found to be related to his military service.

The Board has determined that the Veteran does not have a low back disability that is attributable to active military service and therefore denied his claim for service connection.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and a VA examination.

The Board denied service connection for lumbar degenerative disc disease (claimed as spinal stenosis and herniated disc) and cervical fusion status post fracture, finding that these conditions were not incurred in or aggravated by service.

The Veteran's claim for a rating in excess of 40 percent for his lumbar spine disability was denied, and the claim for service connection for spina bifida was also denied. The Board found that the evidence did not support granting either claim.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a chronic disability manifested by chest pains and increased heart rate (to include heart murmurs). The Veteran's claims of service connection for psychiatric disorders and low back disorder are also remanded for further development.

The Board has determined that the Veteran does not have a current right thumb disability, left ankle disability, neck disability, or low back disability for which service connection can be granted.

The Board finds that the Veteran's current cervical and lumbar spine disabilities are not causally or etiologically related to his service, including his period of ACDUTRA. The evidence does not support a finding that these conditions were incurred in service.

The Board denied the Veteran's claims for increased evaluation of lumbar spine disability, service connection for seizure disorder, and reopening of right knee claim. The decision is final.

The Veteran's TDIU claim is being remanded due to the need for a VA examination and further development of his employment capacity.

The Veteran's claim for TDIU was granted effective April 10, 2002. The Board found that the evidence did not establish unemployability prior to this date.

The Board has remanded the case for further development, including VA examinations to evaluate the Veteran's cervical spine disability and its neurological manifestations. The claim is being returned to the RO for additional consideration.

The Board found that the Veteran's pre-existing scoliosis did not worsen during service and his current back disability (other than scoliosis) is not related to his period of active service. Therefore, service connection for a back disability was denied.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbar spine were denied. The Board found that from April 26, 2001 to July 19, 2006, the disability did not meet the criteria for a rating in excess of 10 percent and from July 20, 2006, it did not meet the criteria for a rating in excess of 40 percent.

The Veteran's claim for an increased rating for service-connected degenerative disc disease, lumbar spine remains in appellate status and has been remanded by the Board of Veterans' Appeals.

The Veteran's claims for increased disability evaluation and service connection for hepatitis C are being remanded due to the need for additional clinical assessment and medical opinion.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative changes is being remanded due to the need for a more comprehensive VA examination.