Back / lumbar spine decisions — 2010

The Veteran's appeal for an increased rating for his service-connected low back disability was denied. The extension of a temporary total disability rating after October 1, 2005 was also denied.

The Veteran's lumbar spondylosis with bilateral facet joint arthritis at L4-5 and L5-S1 is manifested by limitation of flexion to 40 degrees, but without any incapacitating episodes having a duration of more than six weeks in any one-year period. The VA granted an increased rating of 20 percent for this condition.

The Board has determined that DJD of the lumbar spine is service connected. The Veteran's peripheral neuropathy may be related to his service-connected DJD or herbicide exposure, but further examination and medical opinion are needed to establish a clear connection.

The Veteran's claims for higher initial evaluations for lumbar disc disease and arthritis of the left knee, as well as his claim for service connection for PTSD, were denied. The Board found that the evidence did not warrant a higher rating under the applicable criteria.

The Veteran's traumatic arthritis of the lumbar spine with radiculopathy has not met the criteria for an evaluation in excess of 30 percent.

The Board has remanded the case for additional development to determine if the Veteran's current low back and ankle disorders are related to his military service.

The Veteran's service-connected disabilities, including left hip and lumbar spine disabilities, affect a single body system (orthopedic) and her overall combined rating is 70 percent. The Board finds that the Veteran is unable to secure or follow substantially gainful employment due to her service-connected disabilities, thus granting TDIU.

The Veteran's claims for increased ratings for lumbosacral strain and bilateral hearing loss were denied as the evidence did not support a higher rating under the applicable VA rating criteria.

The Board has remanded the case for further review due to new information indicating the Veteran's release from prison and his continued receipt of VA medical care. The case will be reviewed after obtaining any relevant VA medical records and conducting a VA orthopedic examination.

The Veteran's appeal is being remanded due to procedural issues, including the need for a travel board hearing. The claims of increased rating for lumbar intervertebral disc syndrome and TDIU are both pending.

The Board has remanded the case for further development, including obtaining medical records and an opinion regarding whether the Veteran's service-connected vertebral fracture aggravated his nonservice-connected degenerative disc disease.

The Veteran's current lumbar spine, cervical spine, bilateral knee, and skin disorders are not shown to be related to his active service.

The Board found that the Veteran's current degenerative joint disease of the lumbar spine did not manifest as a chronic condition during service and could not be presumed due to the one-time in-service injury. The claim was denied.

The Veteran is seeking service connection for various disabilities, including a neck injury and related symptoms. The Board has ordered additional development to search for records of any head or neck injuries during his first period of service.

The Board has determined that new and material evidence sufficient to reopen the Veteran's previously-denied claims for left knee and back conditions had not been received. The claim for service connection for a back condition is reopened, but the other issues remain denied.

The Board has granted service connection for right ear hearing loss, finding that it is related to in-service noise exposure. The other issues of entitlement to service connection have not been adjudicated and are referred back to the RO.

The Veteran's claim for a disability rating in excess of 20 percent for service-connected lumbosacral strain is being remanded due to the need for a new VA examination and consideration of his reported worsening symptoms.

The Board has granted service connection for a right shoulder disability and low back disability. The claim of service connection for left shoulder disability is remanded, as well as the reopened claim of service connection for cervical spine disability (on the merits).

The Veteran's appeals for increased ratings for his right and left knee disabilities have been dismissed as the Veteran withdrew them prior to a decision being made.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses for an ultrasound in September 2006 was denied as all three statutory and regulatory criteria under 38 U.S.C.A. § 1728 and 38 C.F.R. § 17.120 were not met.