Back / lumbar spine decisions — 2010

The Board denied reopening of the Veteran's claims for service connection for bilateral hearing loss, bilateral knee disability, and lumbar spine disability due to lack of new and material evidence.

The Veteran's service-connected eczematous rash with lichenification, bilateral lower legs is rated at 10 percent. The residual scars of the right eyebrow are not disfiguring and thus do not warrant a higher rating. Bilateral hearing loss does not meet criteria for compensable evaluation. The status post right tenth rib fracture has been granted a 10 percent rating effective March 1, 2006. The Veteran's service-connected degenerative joint disease of the lumbar spine is rated at 20 percent. Headaches have been assigned a 30 percent rating as of July 9, 2009.

The Veteran's low back disability and associated radiculopathy are rated at 20 percent since July 23, 2009. The prostate cancer residuals are rated at 60 percent effective from the date of service connection (November 1991). The left knee patella pain syndrome is rated as noncompensable.

The Veteran's appeal is being remanded due to the need for a personal hearing at the RO.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, degenerative disc disease of the lumbar spine, and a skin disorder of the feet. The claim for PTSD was granted with an initial disability rating of 30 percent.

The Board has remanded the case for further development, including obtaining service personnel records and authorization from the appellant to obtain private medical records. The appellant will also be scheduled for a VA examination to determine the nature and etiology of any lumbar spine disability.

The Veteran's appeal of the rating for chronic lumbosacral strain with degenerative changes was withdrawn prior to a decision by the Board. The appeals for increased ratings for right wrist disability and for benefits under 38 U.S.C.A. § 1151 were remanded.

The Board has remanded the claim due to the need for further development, including a VA examination to determine whether the appellant needs aid and attendance (A&A) or is housebound (HB).

The Veteran's claims for service connection are being remanded due to the need to obtain additional records from Social Security Administration.

The Board denied the Veteran's claims for service connection for PTSD, a back disability, fungal infection of the toe and fingernails, hernia, psychiatric disorder other than PTSD, and gastrointestinal disability. The reasons given were that there was no competent diagnosis of PTSD attributable to active service and that psychiatric disability other than PTSD was not incurred in or aggravated by active service.

The Board denied the Veteran's claims for an initial rating in excess of 20 percent for post-operative lumbosacral spine disease and for an effective date prior to June 22, 2002.

The Veteran's bilateral hearing loss is not compensable.,For the cervical spine, a rating in excess of 20 percent prior to May 7, 2007 and a 20 percent rating from that date are denied. A 40 percent rating for the lumbar spine is granted effective September 8, 2008.,For the cervical spine, a 20 percent rating was previously assigned and remains unchanged. For the lumbar spine, a 40 percent rating is now in effect from September 8, 2008.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting new VA examinations to assess the severity of his service-connected degenerative disc disease of the lumbar spine and arthritis of the left hip.

The Board has remanded the case for further development, including obtaining VA vocational rehabilitation records and conducting a new VA examination to assess the Veteran's low back disability. The issues of entitlement to an increased evaluation for her service-connected low back disability and entitlement to a total disability rating based on individual unemployability have been raised.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his low back disability.

The Board has remanded the case for additional development, including a VA examination and consideration of new evidence.

The Veteran's bilateral ankle disability is etiologically related to service and he is granted service connection for this condition. The issue of entitlement to an extension of a temporary total rating beyond January 2010, for convalescence required as a result of left foot surgery in July 2009, remains pending. Service connection for back disability is also granted. The Veteran's bilateral pes planus claim will be addressed separately.

The Board denied the Veteran's claims for increased ratings for his service-connected low back disability and radiculopathy of the left lower extremity, finding that the evidence did not support a higher rating based on the severity of his disabilities.

The Board has remanded the Veteran's claims for further development due to insufficient medical opinions and procedural defects in notification.

The Board found that there is no competent medical evidence showing a current low back disability had its onset in service or within one year after discharge, and the Veteran's claim for service connection was denied.