Back / lumbar spine decisions — 2010

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected lumbar and cervical spine disabilities.

The Veteran's claims for service connection for chronic fatigue syndrome, a psychiatric disorder (to include paranoid personality disorder), and a visual disability have been denied. The claim of entitlement to an initial evaluation in excess of 10 percent for a neurological disorder has been granted with a 10% evaluation.

The Veteran's appeal for increased ratings for migraine headaches and bilateral postoperative gynecomastia was dismissed due to the Veteran requesting withdrawal of his appeal. The TDIU claim remains on appeal.

The Veteran's claim for a disability rating in excess of 10 percent for degenerative disc disease, lumbar spine prior to June 11, 2008 was denied. The Board found that the medical evidence did not show limitation of motion or function loss due to pain manifested by restriction of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; the combined range of motion of the thoracolumbar spine not greater than 120 degrees; muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis.

The Veteran's claims for service connection and increased ratings were denied. The decision did not address the issue of service connection, as it was addressed in a separate remand.

The Board has determined that the Veteran does not have a low back disability, left ankle or knee disabilities, bilateral leg disability, or right leg limp that is related to service. The claim for an evaluation in excess of 10 percent for residuals of a fracture of the right proximal fibula and distal tibia with traumatic arthritis has also been denied.

The Veteran's appeal is remanded for further development, including obtaining VA clinical records and a medical examination to determine the nature of his low back disorder.

The Board denied the Veteran's claim to reopen his service connection for a low back disorder, as the new evidence did not show that the pre-existing condition was aggravated by military service.

The Veteran's right shoulder acromioclavicular arthritis is rated at 10 percent. The claims for service connection of a prostate disorder, low back disorder, and bilateral wrist disorders are granted as new and material evidence has been received. The claim for service connection of the right elbow, low back, and left knee disorders remains pending.

The VA denied a higher evaluation for lumbosacral osteoarthritis, finding that the Veteran's condition did not meet criteria for an increased rating beyond 10 percent.

The Board has determined that additional development is needed to determine if the Veteran's low back disability is service-connected. The case will be returned for this purpose.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and a low back disorder, finding that there was no evidence of in-service noise exposure or other causative factors.

The Veteran's lumbosacral radiculopathy, right leg was rated at 20 percent prior to October 8, 2008 and denied for a higher rating. Since October 8, 2008, the claim remains denied as his condition does not meet the criteria for a disability rating in excess of 40 percent.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of current anemia, and the Veteran does not have chronic anemia. For his degenerative disc disease, C5-6, with cervical strain, the VA examiner did not find any limitation in motion or other symptoms that would warrant a higher rating. His right ear hearing loss was also rated as 0 percent disabling.

The Veteran's claims for higher initial and subsequent ratings for cervical spine disability, lumbar spine disability, and excisions of basal cell carcinoma were denied. The RO granted service connection for these conditions but did not assign any effective dates or specific ratings.

The Board denied the Veteran's claim for an initial disability rating greater than 20 percent for thoracolumbar disc disease, finding that his range of motion did not meet the criteria for a higher rating. The issue regarding urinary incontinence was also addressed and determined to be unrelated to service-connected thoracolumbar disc disease.

The Veteran's claim for an earlier effective date for TDIU was denied as the earliest date of entitlement arose is June 10, 2003 when he filed a claim for increased disability ratings.

The Board has granted a 20 percent disability rating for the appellant's chronic strain of the lumbar spine, to include degenerative disc disease. The other issues remain unresolved.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination to assess his employability given his service-connected disabilities.

The Board has remanded the case due to failure to report for a VA examination and outstanding medical records not obtained. The Veteran's address needs to be verified, and he should be notified of the scheduled examination.