Back / lumbar spine decisions — 2009

The Board has granted service connection for hearing loss and assigned a 10 percent disability rating effective October 27, 2006. For the period prior to June 28, 2008, the Veteran's DDD of the lumbar spine was manifested by forward flexion of the thoracolumbar spine greater than 60 degrees and combined range of motion greater than 120 degrees without muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. Since June 28, 2008, the Veteran's DDD of the lumbar spine has been manifested by forward flexion of the thoracolumbar spine to 30 degrees and is rated as 40 percent disabling.

The Board has remanded the case for additional development, including obtaining treatment records and providing proper notice under Dingess/Hartman.

The Board has remanded the case for further development and consideration, including obtaining updated VA treatment records and scheduling a new VA examination. The issues of entitlement to increased evaluations for low back disability and TDIU are now before the Board.

The Veteran's claim for a higher rating for his service-connected chronic lumbar syndrome with degenerative disc disease was denied by the RO, as there is no evidence of incapacitating episodes or ankylosis to warrant a higher rating.

The Veteran's claim for SMC based on need for regular aid and attendance of another person, or by reason of being housebound is remanded due to inadequate findings regarding loss of use of the lower extremities. The case will be returned to the Board after further development.

The Board has remanded the case for further development, including scheduling an examination to determine whether the Veteran's low back disorder pre-existed service or was aggravated during service. The issue of service connection will be reconsidered based on the new evidence.

The Board has determined that the Veteran's claimed spinal stenosis of the lumbar and cervical spine, as well as his peripheral neuropathy of the left and right lower extremities, are not service-connected.

The Veteran's claim for service connection for low back disability was previously denied in September 2001. New and material evidence has not been received to reopen this claim. The claims for increased evaluations of the cervical spine disorders have also been denied.

The Veteran's lumbosacral strain was found to cause moderate limitation of motion, but not severe enough for a higher rating. The current evaluation of 20 percent is maintained.

The Board has remanded the case for further development due to incomplete medical records and inextricably intertwined issues.

The Veteran's claim for a total rating for compensation purposes based on individual unemployability prior to December 1, 2004 was denied as he is not shown to be unable to secure and follow a substantially gainful occupation by reason of his service-connected disabilities alone.

The Veteran's claims for bilateral ankle, shoulder, knee, low back, and left hip disabilities were denied as not related to service.

The Board found that the Veteran's current lower back and bilateral leg conditions are not related to service or any incident therein. The preponderance of evidence does not support a finding that these conditions were incurred in service.

The Board has determined that the Veteran's current levorotary scoliosis of the lumbar spine with associated mild spondylosis and degenerative disc disease is etiologically related to his service, thus granting service connection for this condition.

The Veteran's service-connected back disability, secondary to his right knee condition, is rated at 10 percent since September 26, 2003.

The Veteran's hip disability and bilateral hearing loss are not service-connected.,However, the Board has recharacterized the issue of cervical and lumbar spine disabilities as remanded.

The Board has remanded the case for additional development due to a failure to obtain Social Security Administration (SSA) records related to the appellant's back condition.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the Board finds that this rating adequately reflects his disability throughout the appeal period.

The Veteran's initial claim for an increased rating for his service-connected low back disability was granted, with a final evaluation of 40 percent effective from April 14, 2001. The appeal is resolved in favor of the Veteran.

The Veteran's hypertension and low back disorder with radiculopathy of the left lower extremity have been granted initial ratings, but not at the maximum levels. The hypertension has a staged rating of 10 percent effective September 24, 2004, while the low back disorder is rated as 40 percent disabling.