Back / lumbar spine decisions — 2010

The Veteran's service-connected thoracolumbar spine disability is rated at 10 percent, which is the maximum schedular rating available. The right wrist disability was granted as service connected.

The Board has granted an initial rating of 20 percent for lumbosacral strain, effective from January 22, 1994. The Veteran's sleep disorder claim is addressed in the REMAND portion.

The Board has determined that the Veteran's currently diagnosed low back disability was first manifested during active service and grants service connection for this condition.

The Board found no evidence linking the Veteran's current lumbar spine disorder to his service-connected disabilities of right patella chondromalacia and left patella chondromalacia, thus denying service connection on both direct and secondary bases.

The Board found that the Veteran's left leg disability is secondary to his service-connected low back disability and granted service connection for it.

The Veteran's PTSD is service-connected based on a verified in-service stressor. The low back disability is not service-connected, as it is more likely related to natural degenerative changes rather than his service-connected shoulder and elbow conditions.

The Veteran's appeal is being remanded for additional development and adjudication of the matter of whether a higher rating for his low back disability is warranted on an extra-schedular basis.

The Board has determined that the Veteran's lumbosacral disc disease had its onset in service and granted service connection for this condition.

The Board has remanded the Veteran's claims for service connection for a back disorder and a left eye disorder due to incomplete records, including treatment records from SSA, VA Medical Center, and private physicians. The Veteran will be provided with an examination if in-service back surgery is documented.

The VA determined that the Veteran's current spinal stenosis and low back pain are not due to his April 2002 surgery, but rather a pre-existing condition. The Board finds that the evidence does not support the claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's service connection claims for degenerative disc disease of the lumbosacral spine and cervical strain with degenerative disc disease have been granted. The issues regarding an increased rating for PTSD and service connection for flat feet are dismissed.

The Board has decided that the Veteran's low back disorder is service-connected, with no specific rating assigned and without a specified effective date.

The Board has determined that the Veteran's upper back disability was not incurred in or aggravated by service and is not related to a service-connected condition. The psychiatric disorder (PTSD) claim remains pending as no SOC has been issued for this issue.

The Veteran's claims for increased ratings for his service-connected knee and back disabilities were denied, but he was granted a 10% rating for thoracolumbar strain.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disorder and determined that there is a nexus between her current disability and service.

The Veteran's service-connected disabilities (PTSD, low back and right leg conditions) are found to be so severe that they prevent him from securing or maintaining substantially gainful employment.

The Board finds that additional development is required due to conflicting evidence regarding the relationship between the Veteran's service-connected cardiomyopathy with heart transplant and his current degenerative changes of the lumbar spine. The case is REMANDED for further examination and opinion.

The Veteran's appeal for restoration of a 40 percent disability rating for his chronic back strain with degenerative disc disease, history of discectomy of L5-S1 was granted. The effective date is October 1, 2007.

The Board has decided to remand the case for additional development, including obtaining SSA and VA treatment records.

The Board has determined that the Veteran's current low back disorder is related to an injury sustained during military service, and thus grants service connection for residuals of a low back injury.