Back / lumbar spine decisions — 2011

The Board denied the Veteran's claims for service connection for a back disorder, stomach lesions, and GERD secondary to his service-connected abdominal hernia repair. The Board found that there was no evidence of chronic disability resulting from an in-service injury.

The Veteran's low back disability is currently rated at 20 percent for the period beginning January 5, 2008. This rating is appropriate based on his current range of motion and symptoms.

The Board has ordered a new VA examination to determine if any current back disorder is related to the Veteran's service-connected osteoarthritis of the right knee, and whether it was caused or aggravated by that condition.

The Board found that the Veteran's claimed back disability was not incurred in service and is not otherwise related to his active duty. The evidence does not support a finding of direct service connection.

The Veteran's appeal involves a request for an increased rating for his service-connected lumbosacral strain with scoliosis and radiculopathy. The case has been remanded to the RO due to the inextricably intertwined issue of whether a total disability rating based on individual unemployability (T/R) is warranted.

The Board has remanded the case for further development and readjudication due to an inextricably intertwined issue of service connection for epilepsy. The secondary service connection claims will be deferred until this is completed.

The Veteran's left knee retropatellar pain syndrome and chronic lumbar strain are currently rated at the lowest possible levels, with no higher ratings warranted based on the evidence provided.

The Veteran's death was not due to a service-connected disability, as his disabilities were rated at 90% combined and he did not meet the duration requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling VA examinations to assess his low back injury and COPD.

The Board has remanded the case for additional development due to the need to obtain Social Security Administration (SSA) records and other relevant medical records. The claim will be readjudicated after these records are obtained.

The Veteran's left knee disability is rated at 10 percent, effective from the date of the decision. The Veteran's lumbosacral strain is rated at 20 percent, effective May 17, 2010.

The Board found that the objective and probative medical evidence did not support a finding of service connection for a back disorder.

The Veteran seeks service connection for a low back disability due to injuries in service. The claim was denied because there was no evidence of a current low back disability. Additional private records showing lumbar discogenic syndrome by MRI have been submitted after the statement of the case, and further development is needed.

The Board denied increased evaluations for service-connected lumbar degenerative disc disease and compensation under 38 U.S.C.A. § 1151 for additional disability caused by May 2000 medical treatment, but the decision is not clear on whether neurological problems of bilateral lower extremities were considered.

The Board has granted service connection for sinusitis, low back disability, right hip ileopsoas tendinitis, and left hip ileopsoas tendinitis. The Veteran's symptoms have been present since her military service.

The Board denied the Veteran's claims for service connection for various conditions, including a psychiatric disorder, headache disorder, sinusitis, gastroenteritis, upper back disability, and low back disability. The appeals were based on direct evidence of service connection.

The Veteran's low back disability and COPD qualify for special monthly compensation at the housebound rate, effective March 31, 1998.

The Veteran's claim for a higher rate of special monthly compensation (SMC) pursuant to 38 U.S.C.A. � 1114(o) is being remanded due to the need for an examination and medical opinion regarding whether the aid and attendance required by the Veteran is for a disability that is separate and distinct from the loss of use of the feet.

The Veteran seeks service connection for sleep apnea, which he claims is related to his active duty service or his service-connected lumbosacral spine disability. The Board has ordered additional development of the record and a medical opinion.

The Board has determined that the Veteran's low back disability, including degenerative disc disease and a herniated lumbar disc, was incurred during his period of active service.