Back / lumbar spine decisions — 2010

The Veteran's claims for increased ratings were denied. His lumbar spine disability was rated at 40 percent, his impotence and otitis externa were not service-connected or warranting a compensable rating, and his PTSD and peripheral neuropathy were also not granted higher ratings.

The Veteran's lumbosacral strain has been manifested by pain, spasm, weakness, and limitation of motion. The Board found that the evidence did not show forward flexion limited to 30 degrees or less, nor ankylosis of the thoracolumbar spine, which are required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has denied the Veteran's claims for service connection for a back disorder, right ankle disorder, and left hip disorder. The issues of secondary service connection have been addressed.

The Veteran's thoracolumbar spine disorder is service-connected, and he is granted a rating of 10 percent for his right knee condition. His hypertension is also rated at 10 percent.

The Board denied the Veteran's claim for fee basis outpatient psychological services, finding that a geographically accessible VA facility is capable of providing the required psychiatric services.

The Board has remanded the case for additional development, including obtaining medical records and conducting VA examinations to determine if the Veteran's current low back disability and PTSD are related to his service.

The Veteran's service-connected low back disability is currently rated at 20 percent, and the evidence does not support a higher rating.

The Board found that the Veteran's pes planus was not aggravated by service and denied his claim for service connection. The Board also found no evidence of a current back disability related to service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA orthopedic and neurologic examination to clarify his back diagnoses and determine whether his claimed cervical spine disability and radiculopathy of the upper and lower extremities are related to his service-connected ankylosing spondylitis.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a low back disability. The June 1969 rating decision denied service connection due to no in-service incurrence or aggravation, while the February 1996 rating decision denied reopening based on lack of diagnosis or treatment records.

The Board has granted service connection for fibromyalgia and a lower back condition, finding that the Veteran's symptoms had their onset during active service.

The Board found that the Veteran's low back disability was not incurred or aggravated by his active military service and denied the claim.

The Board has decided to remand the case for further development, including a VA examination of the Veteran's low back condition and consideration of the claim.

The Veteran's degenerative joint disease of the lumbar spine is rated at 60 percent, and his neuropathy of both lower extremities are each rated at 20 percent.

The Veteran's appeal is remanded to the RO for further development, including a VA examination and consideration of whether application of a pre-aggravation rating was warranted.

The Veteran's claim for service connection for a low back disability with left leg radiculopathy has been reopened, and the Board finds that new and material evidence has been received. The decision to sever service connection for right ear hearing loss was not proper, as the Veteran now meets the regulatory requirements for service connection.

The Board has determined that the Veteran's current back condition is not related to his military service and therefore denied his claim for service connection.

The Veteran's low back disability and associated radiculopathy of the lower extremities have been rated based on their severity, with a 40 percent rating for the low back disability since July 1, 2007. The ratings for radiculopathy are also at the maximum allowed.

The Veteran's service-connected lumbar spine degenerative disc disease was granted a 20% rating effective June 8, 1999. The left tibia and fibula fracture residuals were also granted a 10% rating.

The Board has determined that the Veteran's neck disorder, characterized as multi-level degenerative disc disease of the cervical spine, is related to his active service and grants service connection for this condition.