Back / lumbar spine decisions — 2011

The Board has found that the Veteran's current low back disorder is related to his period of service. The issue of service connection for a respiratory disorder, including asthma, remains pending and requires further development.

The Veteran's appeal is being remanded for additional development to address the adequacy of the October 2007 VA examination report and to obtain an opinion on whether his upper and lower back disorder caused or aggravated his cervical spine disorder.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration records. A VA examination by a psychiatrist will also be conducted to determine if his service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding the etiology of his neck and back disorders, as well as a VA audiological examination to assess his bilateral hearing loss. The issue of service connection for tinnitus must also be remanded.

The Board found no evidence of a chronic back disability related to service and concluded that the current low back condition is not connected to military service.

The Veteran's diagnosed lumbodorsal back disability, including shoulder and hip pain, is considered service-connected due to an undiagnosed illness associated with Gulf War service.,Ankle joint pain is also considered service-connected as an undiagnosed illness related to Gulf War service.

The Board has determined that the Veteran's current low back disability and residuals of left wrist disability were not incurred in or aggravated by service, and thus denied his claims for service connection.

The Veteran's current calluses, right foot, are related to service and the Board finds them to be related to his in-service corns. The Veteran also has a thoracolumbar spine disability that is at least as likely as not related to service. However, there is no evidence of PTSD or any other acquired psychiatric disability due to service.

The Board has remanded the case due to incomplete records and the need for additional medical examinations.

The Board has remanded the case due to the Veteran's inability to appear at his scheduled hearing, and a new hearing is required.

The Board denied the Veteran's claims for service connection for various conditions, including a back disability, bilateral hearing loss, tinnitus, left knee disability, neck disability, peripheral neuropathy of upper and lower extremities, and right knee disability. The appeal is considered final due to the denial in March 1992.

The Veteran's claim for increased ratings for his left knee and lumbar spine disabilities was denied. The Board found that the residuals of a fracture of the left tibial lateral plateau warranted a 40 percent rating, but not higher. For the DDD of the lumbar spine, the reduction from 20 to 10 percent on January 1, 2010 is considered part of his appeal and was upheld.

The Veteran's residual scar from removal of lipoma from his right upper back is rated as 20 percent disabling, effective date not specified. The Board granted service connection for a cervical spine disorder (claimed as an upper back disability).

The Board found that the Veteran's lumbar spine disorder was not incurred in or aggravated by active service and denied his claim for service connection. The increased rating claim for PTSD and OCD was granted to a 70 percent rating, but as this is less than the maximum schedular rating of 100 percent, it does not fully satisfy the Veteran's appeal. The TDIU claim was also denied.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to determine if his current low back, left knee, and bilateral foot disabilities are related to service.

The Veteran's service-connected disabilities, alone, do not render him unable to care for his daily needs or protect himself from the hazards incident to his environment. Therefore, he does not meet the criteria for SMC based on need for regular aid and attendance of another person.

The Board has determined that the Veteran's carcinoma of the thyroid, metastatic carcinoma of the right leg, and metastatic disease of the lumbar spine are related to his exposure to ionizing radiation during service. The claims for service connection have been granted.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is at least as likely as not causally or etiologically related to service, and thus grants service connection for this condition.

The Board found that the Veteran's low back disability, including degenerative disc disease of the lumbosacral spine, was not incurred in or aggravated by active service and may not be presumed to have been incurred in or aggravated by active service. The evidence did not support a finding of continuity of symptomatology following the in-service complaints as required for service connection pursuant to 38 C.F.R. § 3.303(b). Additionally, there was no competent medical evidence establishing that the Veteran's current low back disabilities are etiologically related to active service. The Board also found that the criteria for a total disability rating based on individual unemployability due to service-connected disability were not met.

The Board has determined that there is a nexus between the Veteran's current lumbar spine disability and his service, granting him service connection for this condition.