Back / lumbar spine decisions — 2010

The Veteran's appeal involves claims for service connection and ratings for knee disabilities, with the Board finding that further development is necessary.

The Board is remanding the case for further development, including an addendum to a VA examination and consideration of the appellant's assertions regarding her back problems during service.

The Board has granted service connection for a low back disability, but the rating and effective date remain pending as the claim for anal fissure is still under development.

The Veteran's claim for a higher initial evaluation for lumbosacral strain is being remanded due to the need for additional development and consideration of past evidence.

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 current respiratory disorder is related to his service.

The Board has remanded the case for further development due to inadequate VA examinations and need for clarification of medical opinions.

The Board has determined that the Veteran's current lumbar spine disorder is likely related to an in-service injury during his first period of service, and thus grants service connection for this condition.

The Veteran's service-connected disabilities do not meet the minimum schedular percentage standards for a total disability rating for compensation based on individual unemployability.

The Veteran's claim for service connection for a back disability has been reopened, but the claim for erectile dysfunction remains denied as it is not proximately due to or the result of his service-connected prostatitis.

The Veteran's service-connected lumbar spine strain is rated at 40 percent since April 15, 2008. The Board finds that the evidence does not support a higher rating for this disability prior to April 15, 2008 or after that date. The Veteran also meets criteria for TDIU based on her service-connected disabilities.

The Veteran's service-connected disabilities do not render him unemployable, as he is currently employed part-time and has not been terminated from his job due to his service-connected conditions.

The VA denied the Veteran's claim of service connection for a low back disorder, finding that there is no evidence to etiologically link the current condition to his military service.

The Veteran's appeal for increased ratings has been withdrawn, and the claims for cervical intervertebral disc syndrome, lumbar degenerative disc disease, right shoulder degenerative joint disease, left upper extremity radiculopathy with cubital tunnel syndrome, residuals of partial medial meniscectomy, residual spurring from ankle injury, headaches associated with discectomy and fusion, and scar have all been denied.

The Veteran's service-connected low back disability was rated at 10 percent prior to December 4, 2007 and at 20 percent thereafter. The decision grants a rating of 20 percent for the period from December 4, 2007 onwards.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. A new VA examination will be scheduled to assess the severity of his PTSD and determine if any low back disorder is related to service.

The Veteran's appeal is being remanded for additional development to secure the reports of any VA examinations he alleges were conducted, and for further medical opinions regarding his claimed low back disability, left ankle disability, and skin condition.

The Veteran's right ear hearing loss does not meet the criteria for a disability rating under VA compensation standards.,For his low back disorder, the evidence shows that he has forward flexion of the thoracolumbar spine between 60 degrees and 85 degrees; or combined range of motion greater than 120 degrees but not more than 235 degrees. There is no evidence of muscle spasm, guarding, localized tenderness, ankylosis, or additional functional impairment due to repetitive use.

The Board has granted service connection for a left knee disorder and a back disorder, finding that the Veteran's current conditions are related to his military service.

The Veteran's appeal is remanded for additional development, including obtaining SSA records and scheduling a VA examination to assess the severity of her lumbar spine disability.