Back / lumbar spine decisions — 2010

The Veteran's appeal is being remanded for a new VA examination to evaluate the current severity of his low back disability, including whether there is favorable or unfavorable ankylosis and any associated neurologic abnormalities. The issue will be reconsidered after this additional development.

The Veteran's claim for a higher rating for his service-connected myofascial pain syndrome of the thoracic spine was denied by the Board. The appeal is based on the Veteran's complaints of chronic back pain, muscle tightness at T11-T12 level, and daily flare-ups.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability is being remanded due to the need for an adequate VA examination to assess neurologic findings.

The Board has remanded the case for additional development due to deficiencies in the March 2009 decision regarding the duty to assist.

The Board has granted a higher rating of 40 percent for the veteran's lumbosacral strain with degenerative joint disease, L5, effective from June 24, 2009. Prior to that date, the disability was rated at 20 percent.

The Board has found no evidence of in-service injury or disease for the claimed conditions, and thus denied all service connection claims.

The Veteran's service-connected disabilities have caused him to be in need of regular aid and attendance, as he requires assistance with activities such as grooming, preparing meals, and keeping himself safe from the hazards of his daily environment.

The Board has reopened the Veteran's claim of service connection for hypertension and granted service connection. The claims of service connection for a left leg disorder, right leg disorder, and low back disorder are addressed on de novo basis due to additional service department records received. Effective dates earlier than May 27, 2005, for the awards of service connection for hypothyroidism and major depressive disorder are granted.

The Board denied the reopening of the claim for service connection for a low back disorder due to lack of new and material evidence.

The Veteran's initial ratings for his service-connected bilateral hip, back, and hearing loss disabilities were denied. The issue of entitlement to a total rating based on individual unemployability due to service-connected disabilities (TDIU) was also addressed.

The Veteran's appeals for higher initial evaluations for his service-connected conditions were denied. The RO maintained the original ratings of 10 percent for GERD, right and left knee strains, lumbar strain, and right wrist tendinitis post excision of ganglion cyst.

The Veteran's claims for increased ratings for his service-connected lumbar spine and bilateral hip disabilities were denied. The issues of entitlement to separate rating for right leg sciatica as a neurological component of the service-connected spondylolisthesis and degenerative arthritis of the lumbar spine disability, and TDIU are also addressed.

The Board has determined that additional development is needed to determine if the Veteran's current back disorder is related to service, and has therefore remanded the case for further action.

The Veteran's cervical and thoracolumbar strain is found to be service-connected. However, the scars are not compensable under VA rating criteria.

The Board denied the Veteran's claims for higher initial disability ratings for his service-connected lumbar spine degenerative joint disease and left hip scar, finding that the evidence did not support a rating greater than 10 percent for either condition.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for degenerative disc disease of the lumbar spine and cervical spine, respectively. The claim is granted.

The Board has determined that the January 2001 rating decision denying service connection for a back disorder is final. New and material evidence was not presented to reopen this claim.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability, right knee injury, and headaches with shrapnel wounds of the head were denied as there is no evidence of additional disabling symptomatology that would warrant separate ratings under Diagnostic Codes 5010-5003 and 5257.

The Veteran's claim for an increased rating for his service-connected lower back disability is being remanded due to the need for additional VA examinations and the retrieval of relevant medical records.

The Board has denied the Veteran's claim for service connection for degenerative disc disease of the lumbar spine.