Back / lumbar spine decisions — 2010

The Veteran's claim for an earlier effective date for the grant of service connection for low back strain was granted, with the effective date set at March 28, 2001.

The Board denied service connection for internal hemorrhoids, right knee disability, pes planus, lumbar strain, and arthralgia of the hands and fingers due to lack of a current diagnosis or chronic condition during service.

The Board has reopened the Veteran's claim for service connection for cervical and lumbar spine disorders, finding that new and material evidence was submitted. The Board established service connection for these conditions as secondary to his service-connected compression fracture of the 12th dorsal vertebra.

The Board has reopened the Veteran's claims for service connection for a left knee disability, an acquired psychiatric disorder other than PTSD, and cold injury residuals of bilateral hands. The claim for service connection for hypertension is not reopened. Service connection decisions have been made on some issues but are pending in the Appeals Management Center (AMC).

The Board has reopened the claim of service connection for hypertension, but denied the claims for service connection for low back disability and heart disability.,The Veteran's hypertension is considered a complication of his service-connected diabetes mellitus.

The Board found the Veteran's service-connected thoracolumbar spine disability does not meet or approximate the criteria for a higher rating than 40 percent, as there was no evidence of unfavorable ankylosis. The hearing loss disability also did not warrant a compensable evaluation.

The Board has remanded the case due to incomplete records and a need for a VA examination. The Veteran's claim of service connection for a back disability is pending.

The Veteran's headaches are rated at 30 percent, effective October 19, 2006. The maximum schedular rating of 50 percent is not warranted as the evidence does not meet the criteria for very frequent completely prostrating and prolonged attacks.

The Veteran's claim for service connection for arthritis of the lumbar spine is being remanded due to the need for additional development, including obtaining medical records from a motor vehicle accident in 1990 and providing an opinion on whether his current condition is related to his military service.

The Veteran's claim for an earlier effective date for TDIU was denied as the evidence did not show that he was unemployable due to his service-connected disabilities prior to October 19, 2005.

The Board has determined that there is insufficient evidence to decide the claim and has ordered a VA examination to determine if the Veteran's current low back disability was caused or aggravated by his service-connected residuals of frostbite of the right and left lower extremities.

The Veteran's claims for service connection for a low back disability and residuals of total abdominal hysterectomy with bilateral salpingo-oophorectomy have been reopened. Service connection for PTSD has been granted, and the Veteran is entitled to a TDIU based on her psychiatric disabilities.

The Board has reopened the Veteran's claim for service connection for a low back disorder and remanded the case for further development, including obtaining VA treatment records related to his low back condition and scheduling him for an appropriate VA examination. The Veteran's claim for service connection for chronic pain syndrome is also addressed in this decision.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for various conditions allegedly resulting from VA treatment for Hodgkin's disease beginning in January 2004.

The Board has remanded the case due to incomplete records and new evidence, including a statement from the Veteran's sister. The appeal is now pending for further development.

The Veteran's claim for a compensable evaluation for residuals of a right paravertebral strain at L3-L4 is being remanded due to the need to adjudicate his service connection claim for degenerative disc disease of the lumbar spine. The issue of service connection will be considered in light of any new evidence.

The Veteran's lumbar spine disability has been rated at 20 percent since January 22, 2002. The Board found that the current rating adequately reflects the severity of his disability.

The Veteran's service-connected chronic muscular strain of the lumbar spine is currently rated at 10 percent, and the Board has determined that a higher rating of 40 percent is warranted for this condition.

The Veteran's claim for an evaluation in excess of 20 percent for service-connected lumbar degenerative disc disease prior to November 25, 2009 is denied as there is no medical or lay evidence that the Veteran meets any criterion for a higher rating.

The Board denied the Veteran's claim for an extraschedular rating for his service-connected degenerative disc disease of the thoracic spine, finding that the evidence did not demonstrate an exceptional or unusual disability picture with such related factors as frequent hospitalization or marked interference with employment to render impractical the application of the regular schedular standards.