Back / lumbar spine decisions — 2010

The Board found that the appellant's service-connected back disability was not entitled to an increased rating in excess of 40 percent prior to November 1, 2008. The reduction from 40 percent to 20 percent for his service-connected back disorder and from 10 percent to a noncompensable rating for his service-connected scar were both found to be proper based on the evidence at the time of the reductions.

The Veteran's claims for increased ratings and a temporary total disability rating based on surgery were denied as he did not meet the criteria for these evaluations.

The Veteran's appeal is being remanded for additional development of his claim, including obtaining medical records and considering new evidence submitted by the Veteran.

The Veteran's claim for service connection for a back disability is being remanded due to the need to obtain additional service treatment records and possibly conduct further medical examination.

The Veteran's claims for service connection for various disorders as secondary to her service-connected left knee disability are being reopened. The Board is requesting additional medical opinions and records in order to properly assess the relationship between these conditions and her service-connected left knee disorder.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected L5-S1 degenerative disc disease with spondylosis and whether any claimed hip, knee, or foot disorders are secondary to this condition. The AOJ should also obtain relevant private medical records.

The Board has remanded the Veteran's claim for a rating in excess of 40 percent for fibromyalgia, previously evaluated as cervical strain and lumbosacral strain. The case is being remanded to determine whether separate ratings are warranted for the Veteran's back and cervical symptomatology as distinct from her fibromyalgia.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the preponderance of evidence did not meet the criteria for a schedular rating in excess of 20 percent for lumbosacral strain with osteoarthritic changes, met the criteria for a 30 percent schedular rating for left patellofemoral syndrome from October 27, 2006 through December 26, 2006, and did not meet the criteria for any increased ratings or TDIU.

The Board found that the Veteran's low back, left hip, and mental disorders were not incurred in or aggravated by active service. The evidence did not support a finding of direct service connection for these conditions.

The Board has determined that the Veteran's claims for service connection for a back disability with sciatic pain, peripheral neuropathy of the bilateral lower extremities, and peripheral neuropathy of the bilateral upper extremities have been denied as there is no competent medical evidence to support these claims.

The Board has determined that the Veteran does not have a current back disorder or acquired psychiatric disorder that is related to service. The VA examinations and medical records do not support a link between his current conditions and events during service.

The Veteran's service-connected lower back disability and bilateral lower extremity neuropathy are rated at the maximum allowable under the applicable rating criteria. The Board finds that no higher ratings are warranted based on the evidence of record.

The Veteran's service-connected lumbar and cervical spine disabilities are currently evaluated as 20 and 10 percent disabling, respectively. The Board has determined that the criteria for disability evaluations in excess of these percentages have not been met.

The Veteran's service-connected lumbar spine disability is currently rated at 10 percent, and the claim for increased rating has been denied.

The Veteran's lumbosacral strain is currently rated at 10 percent, and the VA examiner found no additional limitation during flare-ups or on repetitive use. The current rating adequately reflects the severity of his condition.

The Board has remanded the case for further examination and consideration of the Veteran's claims for service connection for headaches and lumbar spine disability, including considering whether there is a relationship to service or pre-existing conditions.

The Veteran's claim for an increased rating for his service-connected herniated nucleus pulposus of the lumbar spine was denied. The Board found that the evidence did not support a higher rating based on current symptomatology, as there was no indication of unfavorable ankylosis or incapacitating episodes.

The Veteran's cervical and thoracolumbar spine disabilities were granted increased ratings, while the left shoulder disability was found to have originated in service. The skin disorder of the fingers is presumed to be due to exposure to fuel in service.

The Veteran's claim for an increased rating for his back disability was denied, and the claim for an earlier effective date for service connection was also denied.

The Veteran's service-connected lumbar spine disability was granted a 40 percent rating effective from February 13, 2006 to December 5, 2006. The Veteran's radiculopathy of the right lower extremity due to her service-connected lumbar spine disability was also granted a separate 10 percent rating effective from February 13, 2006 to December 5, 2006.