Back / lumbar spine decisions — 2010

The Board found that the Veteran's right knee, right hip, and low back disorders are not related to his service-connected disabilities. The claims for service connection were denied.

The Veteran's claim for increased ratings and service connection for his lumbar spine disability, as well as TDIU, was denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection prior to October 1, 2007.

The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment, warranting a TDIU rating.

The Veteran's appeal has been withdrawn and dismissed due to the appellant's request for withdrawal.

The Veteran's claim for service connection for low back pain due to spina bifida occulta and spondylolisthesis was denied as the evidence does not show a current disability related to service.

The Veteran's claims for increased evaluations of his service-connected knee, neck, back, and PTSD disabilities were denied. The Board found that the current evaluations did not adequately reflect the severity of the disabilities.

The Veteran's appeal is remanded to the RO for a Video Conference hearing and further development as requested. The issues include reopening of PTSD service connection, bilateral hearing loss, hypertension, antral gastritis, limitation of flexion/extension of left knee, right knee disability, lumbar spine disability, and fracture to navicular bone.

The Veteran's claim for a higher rating for his low back disability was granted, and he is now receiving the maximum schedular rating. The effective date of service connection for PTSD has been set at December 14, 2001.

The Board has reopened the Veteran's claim for service connection for degenerative disc disease of the lumbar spine and granted it, finding that there is a strong probability that his current condition began during service.

The Veteran's asthma is service-connected, but his other claimed conditions are not. Further examination and development of the record are needed to determine if any of these conditions are related to military service.

The Veteran's thoraco-lumbosacral strain is currently rated at 40 percent. The initial evaluations for lumbar radiculopathy of the left lower extremity are granted, with noncompensable ratings prior to December 28, 2005; a compensable rating from December 28, 2005 to March 2, 2007; and a noncompensable rating after March 3, 2007.

The Veteran's service-connected degenerative disc space narrowing with bilateral facet arthropathy and stenosis is not manifested by forward flexion limited to 30 degrees or less, ankylosis, or incapacitating episodes having a total duration of 4 weeks during a 12 month period. Therefore, the criteria for a disability rating in excess of 20 percent have not been met.

The Board has decided to remand this case for further development, including a new VA examination and opinion regarding the Veteran's lumbar spine disability.

The Board denied the Veteran's claims of service connection for headaches, a low back disability, refractive error in left eye, and left eye astigmatism due to corneal scar as secondary to his service-connected shrapnel wounds. The Board found no evidence linking these conditions to service or any service-connected disabilities.

The Board has determined that the Veteran's current hypertension is not causally related to his military service, including as secondary to a service-connected lumbosacral strain. Therefore, the claim for service connection for hypertension is denied.

The Veteran's claim for service connection for a low back disorder is being remanded due to unclear medical evidence regarding the nature and etiology of his current condition. The VA will provide an appropriate examination to assess whether any diagnosed low back disorder was incurred in or aggravated by his period of active service.

The Veteran's claim for service connection for a low back disability is being remanded due to conflicting medical opinions and the newly raised theory of secondary service connection.

The Board denied the Veteran's claims for service connection for diabetic retinopathy and degenerative joint disease (DJD) and degenerative disc disease (DDD) with scoliosis of the lumbar spine, finding no current diagnosis of these conditions and insufficient evidence to support a claim that they were incurred in or aggravated by military service.

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

The Veteran's death was determined to be service-connected, and he was in need of regular aid and attendance due to his service-connected disabilities. The Appellant is therefore entitled to accrued benefits for SMC based on the need for aid and attendance.