Back / lumbar spine decisions — 2010

The Board denied the Veteran's claims for increased ratings for his service-connected status-post L5-S1 discectomy and sciatica of the right leg, finding that the evidence did not meet the criteria for a higher evaluation under the applicable rating criteria.

The Veteran's claim for an increased evaluation of his service-connected lumbar disc disease with history of laminectomy was denied. The current rating is 40 percent, effective October 8, 2004.

The Board denied the Veteran's claims for service connection for his right knee, left knee, and back conditions. The Board found that there was no clear and unmistakable evidence to support a finding of pre-existing right knee condition or aggravation during service. The Board also determined that the Veteran did not have any current disabilities for which secondary service connection could be granted.

The Board found no evidence of a back disability in service and concluded that the current low back problem is not related to service.,There was no diagnosis or complaints pertaining to hiatal hernia and GERD during service. The Veteran's current condition, diagnosed post-service, is unrelated to her service.

The Board found that the Veteran's degenerative disc disease of the lumbosacral spine was not incurred in or aggravated by service, nor may it be presumed to have been incurred in service, and is not proximately due to, or aggravated by, a service-connected disability.

The Board denied the Veteran's claim of service connection for a lumbosacral spine disability, arthritis, and degenerative disc disease, finding that these conditions were not incurred or aggravated by service. The Board also found that they are unrelated to his service-connected left knee disability.

The Board found that the Veteran's current lumbar spine degenerative disc disease is less likely than not related to service, including his in-service injury in 1973. The claim for service connection was denied.

The Veteran's service-connected cervical DDD is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted.

The Veteran's service-connected low back disability, characterized by lumbosacral strain with spondylosis and radiculopathy of the right lower extremity, does not meet the criteria for a higher rating than 20 percent. The orthopedic manifestations do not warrant an increased rating due to lack of forward flexion of the thoracolumbar spine or ankylosis. The neurologic manifestation (radiculopathy) of the right lower extremity is productive of mild incomplete paralysis, which meets the criteria for a 10 percent disability rating.

The Veteran's appeal of the cervical spine claim has been dismissed as he withdrew his appeal for this issue. The lumbar spine claim is being remanded for further development.

The Board denied the Veteran's claims for service connection for a low back disability, fibromyalgia, and chronic sleep apnea. The claim for an earlier effective date was also denied.

The Board has reopened the Veteran's claims for service connection for low back and hip disorders, as well as for migraines, photophobia, an acquired psychiatric disorder (to include depression and PTSD), and a stomach disorder. The claims are being remanded to obtain additional medical records and to schedule the Veteran for VA examinations.

The Veteran's claim for a rating in excess of 10 percent prior to June 26, 2009, and to a rating in excess of 20 percent thereafter, for degenerative disc disease of the cervical spine is denied.

The Veteran's claim for increased evaluations for her degenerative joint disease of the lumbar spine was denied. She is currently rated at 20 percent disabling.

The Veteran seeks service connection for a low back disability, which she attributes to an injury during her National Guard duty in 1978. The case is being remanded due to the need for another VA examination.

The Board has granted service connection for residual scar of right knee cyst and denied service connection for cyst behind the right ear. Service connection is also granted for hepatitis C, but not for low back disability.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination and obtaining SSA records. The issues of an increased rating for low back strain and TDIU are inextricably intertwined.

The Veteran's claims for service connection and increased rating have been denied. The Board found that new and material evidence was not received to reopen the bilateral knee disorder claim, and additional development is needed for the right hip disorder claim.

The Veteran's appeal is being remanded due to the need for additional evidence. The issues include seeking increased ratings for various knee and hand conditions, as well as seeking service connection for hip conditions.

The Veteran's claim for an increased rating and extraschedular rating for his service-connected osteoarthritis of the lumbar spine with scoliosis was granted, resulting in a 40% disability rating. The claim for TDIU remains pending.