Back / lumbar spine decisions — 2010

The Board has remanded the appeal for additional development, including providing VCAA notice regarding pre-September 26, 2003 criteria for rating all other back disorders except intervertebral disc syndrome and considering both old and new rating criteria.

The Board has ordered a remand due to the need for another VA examination, as the previous one is deemed inadequate.

The Board has determined that the Veteran's low back disability is not related to his military service and denied his claim for service connection.

The Veteran's combined disability rating for nonservice-connected pension purposes is 70 percent, meeting the minimum schedular rating requirements and precluding him from securing or following substantially gainful employment.

The Board denied the Veteran's claims for service connection for lumbar spine disability, adrenal gland disorder, orthopedic disability manifested by multiple joint aches and pains, and chronic disability manifested by multiple muscle aches and pains. The evidence did not support these claims.

The Veteran's back disorder, including arthritis, and the aggravation of pre-existing congenital scoliosis and shortening of the left leg are being remanded for additional development.

The Board has vacated the portion of its August 27, 2009 decision that addressed and remanded a claim for an initial evaluation in excess of 20 percent for low back disability. The other issues are not disturbed.

The Veteran's cervical spine disability is rated at 20 percent, and his right and left knee disabilities are each rated at 10 percent. The Veteran's PTSD is currently evaluated as 30 percent disabling.

The Board found that the Veteran's pre-existing degenerative joint and disc disease of the lumbar spine did not undergo chronic increase in severity during service, thus preventing a finding of aggravation. As such, the claim for service connection was denied.

The Veteran's claims for service connection for a lumbar spine disorder and a bone disorder other than polyarthritis/polyarthralgias have been denied. The claim for service connection for a cardiovascular disorder, respiratory disorder, arthritis/arthralgias of multiple joints (including cervical spine), left shoulder disorder on direct basis, and left arm nerve disorder has also been denied.

The Board has remanded the case due to insufficient evidence regarding service connection for knee, hip, and back disabilities. The Veteran's claims will be reviewed again with additional medical opinions.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for lumbar spine and cervical spine disabilities. The Board finds that these conditions are related to his military service.

The Veteran's service-connected cervical spine and low back disorders are currently each rated as 20 percent disabling. The Board found that the current ratings adequately reflect the severity of these conditions.

The Veteran's claims for higher ratings for her thoracolumbar spine strain were denied as the evidence did not show that her disability warranted a rating in excess of 10 percent prior to July 2, 2008 or 20 percent from July 2, 2008.

The Board denied the Veteran's claim to reopen his service connection for a low back disorder and sciatica, finding that new and material evidence had not been submitted. The issue of sciatica was remanded for further development.

The Veteran's PTSD was found to have been incurred during service and is related to exposure to traumatic events in service. Service connection for PTSD has been granted.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected chronic lumbar strain, including its impact on range of motion and daily activities.

The Board denied the Veteran's claim to reopen his service connection for a back disorder due to lack of material evidence, despite receiving new evidence.

The Veteran's service-connected recurrent low back strain with spondylosis and intervertebral disc syndrome involving bilateral L1-S1 nerve roots has been rated at 40 percent since February 15, 2008. The Board found that the disability picture more nearly approximates forward flexion of the thoracolumbar spine limited to 30 degrees or less; there has been no ankylosis or incapacitating episodes having a total duration of 6 weeks during a 12 month period.

The Board found no evidence of a current low back or left knee disorder that was incurred in service. The Veteran's complaints were not documented as disabling during service, and he did not have any treatment for these conditions until after discharge. As such, the claim is denied.