Back / lumbar spine decisions — 2010

The Veteran's appeal was dismissed because he did not file a timely notice of disagreement with the September 2004 rating decision.

The Veteran's tinnitus is service-connected, but his thoracolumbar strain with scoliosis and PTSD are not rated higher than the current levels.

The Veteran's appeal is being remanded to obtain additional medical records and for further VA examinations to determine the current severity of his service-connected lumbosacral strain and left knee disabilities.

The Board has determined that the Veteran's DDD of the lumbar spine and right hip disability are etiologically related to his active service, leading to a grant of service connection for both conditions.

The Veteran's initial ratings for his left ankle disability and degenerative disc disease of the lumbar spine are denied as they do not meet the criteria for an increased rating.

The Board has determined that the Veteran's arthritis of the lumbar spine is a result of his service, and therefore grants service connection for this condition.

The Board has ordered additional development of the Veteran's claims due to incomplete evidence and deficiencies in the examination provided.

The Board denied an earlier effective date for the grant of Total Disability Rating based on Individual Unemployability (TDIU) due to low back strain, finding that the Veteran was not unemployable prior to May 19, 2005.

The Board has remanded the case for additional development, including scheduling a VA examination to determine if the Veteran's current low back disability is related to his in-service injury. The appeal will be reconsidered after this development.

The Veteran's claims for increased ratings for degenerative joint disease of the lumbar spine have been denied. The Board found that the evidence did not support a rating in excess of 20 percent prior to March 31, 2003, and from March 31, 2003, through August 25, 2008, he was granted an initial evaluation of 40 percent. From August 26, 2008, the evidence did not support a higher rating.

The Veteran's lumbar spine disability has not resulted in forward flexion limited to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or intervertebral disc syndrome with incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months. Therefore, his claim for a higher rating is denied.

The Board has granted service connection for the veteran's low back disability, finding that it is aggravated by his service-connected bilateral knee disabilities.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Board has granted service connection for a low back disability as secondary to a service-connected left ankle disability, finding that the Veteran's back condition was aggravated by his left ankle disorder.

The Board has determined that the Veteran's COPD, degenerative arthritis of the right thumb, and arthritis of the lumbar spine are all related to service. The claims for these conditions have been granted.

The Board denied service connection for a low back disorder and the earlier effective date for PTSD, but granted an initial rating in excess of 50 percent for PTSD.

The Board has remanded the case for additional development, including obtaining VA and private medical records related to the Veteran's lumbar spine disability. The Veteran is also requested to provide information about any relevant private medical providers.

The Board has determined that the Veteran's low back disability did not have its onset during active service or result from disease or injury in service. The claim for service connection for an acquired psychiatric disorder is addressed separately.

The Veteran's claims for increased evaluation of pes cavus and service connection for low back and bilateral knee disabilities were denied. The Board found that the Veteran's pes cavus did not meet criteria for a higher rating, but his symptoms more nearly approximated a 30 percent rating.

The Veteran's claim for an increased evaluation of his low back strain with parathesias, degenerative disc disease and bilateral radiculopathy is being remanded due to the need for additional development including a neurological examination.