Back / lumbar spine decisions — 2010

The Board has remanded the case back to the RO for consideration of the Veteran's lay statements of continuity of symptomatology, including his claims that he experienced back problems since service.

The Board denied the Veteran's claims for increased ratings for his service-connected back and clavicle disabilities, finding that the evidence did not warrant a rating in excess of the current evaluations.

The Veteran's claims for service connection for chronic fatigue syndrome, low back disability, and right foot disability were denied. The effective date of the grant of service connection for SLE was set at July 31, 1991.

The Veteran's claim for an increased rating for low back strain is being remanded due to the need for a Board hearing at the RO.

The Veteran's degenerative spondylosis of the lumbosacral spine results in narrowing at L3-4 and L4-5 with spurring at L5, but does not meet criteria for a higher rating as it does not result in forward flexion of the thoracolumbar spine 30 degrees or less.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development.

The Veteran's claims for a higher rating for his lumbar spine disability and service connection for tinnitus were denied. The Board found that the evidence did not support granting either claim.

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

The Veteran's appeal of the right thigh, left thigh, and low back disability claims has been dismissed due to his withdrawal at a hearing.

The Veteran's service-connected disc pathology of the lumbar spine is rated at 40 percent, and he is granted a separate 10 percent evaluation for mild incomplete paralysis of the sciatic nerve in both lower extremities.

The Veteran's claim for special monthly pension based on the need for aid and attendance of another person was denied as he is not so nearly helpless as to require regular aid and attendance. The claim for housebound benefits was also denied due to his ability to perform most daily activities.

The Veteran's lumbosacral strain has been rated at 20 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case for additional development, including obtaining service treatment records and verifying periods of active duty. The Veteran's claims will be reconsidered based on the new evidence.

The Board denied the Veteran's claim for service connection for a lumber spine disability, including lumbar scoliosis and degenerative disc disease. The decision found that new evidence did not raise a reasonable possibility of substantiating his claim, and that his pre-existing lumbar scoliosis was not aggravated by service.

The Veteran's claim for increased ratings for his service-connected low back disability was granted, with a rating of 20 percent effective April 24, 2006. The decision also addressed the issue of TDIU and found that it is not warranted.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran's thoracolumbar spine disability is related to service.

The Veteran's claim for a higher rating for his service-connected chronic low back strain with osteopenia is being remanded due to the need for further development, including scheduling an examination.

The Veteran's claims for service connection for bilateral pes cavus, cervical radiculopathy in the left upper extremity, lumbar radiculopathy in the right and left lower extremities, DJD of the hips, and low back disability have all been denied. The effective dates requested by the Veteran are not warranted.,The Veteran's original claim for service connection was filed on May 2, 1996, but he did not raise claims for these conditions until October 12, 1999, which is more than one year after his separation from active duty. The effective dates assigned are based on the earliest date of receipt of a claim or the date entitlement arose.

The Veteran's service-connected cervical spine sprain and lumbar spine spasm have been granted with initial disability evaluations of 10 percent each, effective October 15, 2003. The left foot and shoulder disabilities are not rated as compensable.

The Board has found that additional development is necessary prior to deciding the Veteran's claims, including obtaining medical records and conducting further examinations.