Back / lumbar spine decisions — 2011

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for residuals of pneumonia and a spot on the lung. The remaining issue, pertaining to back disability, is remanded for further development.

The Veteran's claim for service connection for ankylosing spondylitis of the thoracolumbar spine is granted, and his right shoulder disability remains at a 20% rating.

The Veteran's claim for an initial rating in excess of 10 percent for her lumbar spine strain is being remanded due to the need for a new VA examination and additional medical records.

The Board has determined that the Veteran's current low back disorder is not related to his period of service and therefore, he does not meet the criteria for service connection.

The Board has determined that the Veteran's current diagnosis of chronic lumbar strain is related to his service, and thus service connection for a lumbar spine disorder is granted.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining private medical records and VA treatment records.

The Board has determined that the Veteran's low back disability, including his congenital anomaly of partial sacralization of L5 and subsequent degenerative joint disease, was incurred in service due to a superimposed injury during active duty.

The Board has determined that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for a back disability, as no such evidence was provided since the September 2003 rating decision.

The Veteran's claim for a higher rating for his service-connected low back disability was denied as the evidence did not show that his condition warranted a rating in excess of 20 percent.

The Veteran's low back disorder, including degenerative disc disease with protrusion and spondylosis, is found to have origins in service due to his time spent in cramped tank turrets. The claim for service connection is granted.

The Veteran's claim for an extraschedular evaluation of his thoracolumbar rotoscoliosis is being remanded due to insufficient evidence regarding the impact on employment and symptomatology.

The Board has remanded the case for further development, including scheduling a VA examination to determine if the Veteran's back disability is related to service and to provide an opinion regarding his scar.

The Board has granted service connection for a low back disorder due to presumed exposure to Agent Orange. However, the skin disorder claim is denied as there is no evidence of a current disability or link to service.

The Veteran's appeal involves claims for service connection, a higher rating for his knee condition, and TDIU. The case is being remanded to allow the VA to consider additional evidence and conduct any necessary examinations.

The Board has granted the Veteran's request to reopen his claim for service connection for a lumbar spine disability as secondary to his service-connected bilateral knee injuries. The underlying issue of whether this condition is related to his knees remains under development.

The Veteran's claims for increased ratings of PTSD and lumbosacral strain, as well as his service connection claim for deviated septum, are addressed in the REMAND portion of this decision.

The Veteran's claims for service connection for hypertension and an increased rating for PTSD have been dismissed due to withdrawal. The claim for a back disorder has been reopened, but the evidence does not support service connection. Bilateral hearing loss is denied, while tinnitus is granted.

The Board has ordered additional development due to the need for National Guard service records and a supplemental opinion regarding the relationship between the Veteran's spine disabilities and his military service.

The Veteran withdrew his appeals for the issues of service connection for a spinal disorder and to reopen a claim for depression, attention deficit hyperactivity disorder, and memory loss due to traumatic brain injury.

The Veteran's service-connected right knee and lumbar spine disabilities render her unable to secure or follow substantially gainful employment, warranting a total disability rating based on individual unemployability.