Back / lumbar spine decisions — 2010

The Veteran's post-operative lumbar spine disability is currently rated at 10 percent, and his bilateral sensorineural hearing loss disability is noncompensable. The Board found that the current evaluations adequately reflect the Veteran's disability picture.

The Veteran's TDIU claim was denied as he did not meet the schedular requirements for a TDIU prior to February 13, 2008 due to his service-connected disabilities. The effective date of the award is set at February 13, 2008.

The Board found that the Veteran's DDD of the lumbar spine was not incurred in or aggravated by service, and denied his claim.

The Board has determined that the Veteran's low back and bilateral knee disabilities, as well as his acquired psychiatric disorder to include PTSD, did not begin during service or are otherwise related to service. The claim for chronic headaches secondary to PTSD is also denied.

The Veteran's service-connected disabilities do not prevent him from securing and following some type of substantially gainful employment.

The Veteran's initial ratings for various conditions have been granted and assigned. The effective dates are not specified.

The Veteran's PTSD is currently rated at 50 percent, effective March 23, 2000. The Board has determined that the evidence of record establishes an initial rating of 70 percent for the period prior to July 25, 2007.

The Veteran's claims for service connection were denied due to lack of evidence showing a link between her conditions and her time in military service. The Board found that the new evidence submitted since the previous denial did not provide sufficient information to reopen any of the claims.

The Board has remanded the case for additional development due to incomplete service medical records, particularly those from July 1954 to July 1955.

The Board denied the Veteran's claims for service connection for sinusitis, low back disability, and head injury with residuals including headaches and forehead scar. The evidence did not establish a link between these conditions and service.

The Board has determined that the Veteran's cervical spine disability and lumbar spine disability are not service-connected, as there is no evidence of a chronic condition in service or for many years thereafter.

The Veteran has withdrawn his appeal for an initial rating higher than 40 percent for his low back disability, and the Board dismisses the appeal.

The Board denied increased ratings for cervical spine degenerative joint disease, lumbar spine degenerative joint disease, and residuals of prostate cancer.

The Board has denied the Veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151, finding that new and material evidence was not received to reopen these claims.

The Veteran's claim for increased ratings for low back strain with disc disease was denied. The RO found that the evidence did not support a rating in excess of 10 percent prior to May 29, 1987, or in excess of 20 percent from May 29, 1987 to December 26, 1991, and denied an increased rating since then.

The Board has remanded the Veteran's claims due to incomplete information regarding his military service dates. The appeal is now pending and will be reconsidered after additional development.

The Board denied the Veteran's claim for service connection of a back disorder, finding that his preexisting condition clearly and unmistakably did not worsen during service.

The Board has determined that the effective date for the grant of service connection for lumbosacral sprain should be July 18, 1979, which is the day following his separation from active duty.

The Veteran's low back disability is not manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; combined range of motion of the thoracolumbar spine not greater than 120 degrees; muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis; or incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks. Therefore, the Veteran's claim for an increased rating is denied.

The Veteran's appeal involves claims for service connection and increased evaluations, including a finding of competency. The case is being remanded to obtain additional medical records, determine the nature and etiology of his lower back disability and peripheral neuropathy, and consider all relevant evidence.