Back / lumbar spine decisions — 2010

The Board denied service connection for a low back disorder with left leg involvement, arthritis of the left hip and left leg, and knocked-out front tooth. The claim was not reopened.

The Veteran's service-connected low back disability is rated at 40 percent from June 1, 2007. The appeal has been granted.

The Board found that the Veteran's low back disorder and left lower extremity neuropathy were not incurred in or aggravated by his military service, including especially to his already service-connected left knee disability. The claims for secondary service connection for these disorders are denied.

The Veteran's appeal is being remanded due to the failure to schedule a hearing. He is requested to appear for either a Travel Board or videoconference hearing.

The Veteran's appeal is being remanded due to the need for additional evidence and a VA examination.

The Veteran's claims for higher evaluations for his service-connected degenerative arthritis of the lumbar spine with low back pain have been denied. The RO has not found that any new evidence has reopened the claim or that there is a basis to grant an evaluation in excess of those assigned.

The Veteran seeks service connection for a low back disorder, claimed as a disc bulge of the lumbar spine. The Board is remanding the case due to uncertainty regarding whether the Veteran was engaged in active or inactive duty at the time of his injury on August 30, 2004.

The Veteran's claim for special monthly pension based on the need for aid and attendance or housebound status is denied as he does not meet the criteria for either benefit.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation since March 22, 2006. Prior to that date, he was able to secure and follow such an occupation.

The Veteran's initial ratings for his lumbar and cervical spine disabilities were increased to 40 percent effective February 28, 2007. The rating was also granted for impairment of sphincter control.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbosacral spine was denied. The current rating of 40 percent is based on findings from an August 2005 VA examination, which showed forward flexion to 75 degrees and no unfavorable ankylosis.

The Veteran's claims for service connection for a psychiatric disorder and a low back disability are denied as there is no evidence of a nexus between the current conditions and service.

The Board has denied all issues on appeal except the claim for a higher initial evaluation for tinnitus, which is addressed in the decision.

The Veteran's service-connected degenerative disc disease of the lumbar spine has been rated at 40 percent, and his claim for a TDIU on an extra-schedular basis is granted.

The Board denied the Veteran's claims of service connection for arthritis of the ankles, hips, low back, and shin splints due to a lack of evidence linking these conditions to her military service.

The Veteran's service-connected right shoulder disability is currently rated at 20 percent, and the appeal for higher ratings has been denied.

The Veteran's service-connected lumbar spine disability is associated with radiculopathy of the left and right lower extremities, as well as neurogenic bladder dysfunction. The Board has granted a separate initial evaluation of 10 percent for each leg radiculopathy and a separate initial evaluation of 60 percent for neurogenic bladder dysfunction since March 11, 2010.

The Board has denied the Veteran's claims for a higher rating for his service-connected back injury and for service connection for tinnitus.

The Board has reopened the Veteran's claim of service connection for a total left hip replacement and granted it, finding that new evidence supports a relationship to his service-connected left knee disability.

The Board has determined that the Veteran's thoracic and low back disability is related to his military service, granting service connection. The gastrointestinal disability claim was not supported by evidence of record, resulting in denial. The rating for hemorrhoids remains at 10 percent.