Back / lumbar spine decisions — 2010

The Board has determined that the Veteran is not entitled to an earlier effective date for the grant of service connection for degenerative joint disease, thoracolumbar spine as there are no documents indicating a claim was filed prior to June 20, 1997.

The Board has remanded the case for further development regarding service connection claims for neck, low back and hip disorders. The Veteran's PTSD claim is still pending.

The Board denied the Veteran's claims for service connection for a low back disorder and an increased evaluation for residuals of a fractured left ankle.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded due to the need for further evidentiary development, including obtaining VA treatment records and scheduling a VA examination.

The Board found that the Veteran's low back disorder was not directly caused or chronically worsened by his service-connected left knee disability, and thus denied the claim for secondary service connection.

The Veteran's psychiatric disorder, diagnosed as bipolar II disorder, was incurred in active service. The Board finds that the Veteran's degenerative disc disease of the lumbar spine is also related to his military service.

The Board found that the Veteran's spondylolisthesis at L5 and S1 is due to a disease process that was aggravated by active service, granting his claim for service connection.

The Veteran's claim for an increased evaluation of his degenerative arthritis of the lumbosacral spine with pain and radiculopathy was denied. His current combined disability rating is 50 percent, which does not meet the criteria for a higher evaluation.

The Veteran's claim for an increased evaluation for his service-connected degenerative intervertebral disc disease of the lumbar spine and left lower extremity radiculopathy is being remanded due to incomplete development. The VA needs to schedule a new examination, obtain relevant medical records, and consider both old and new rating criteria.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the impact of his service-connected disabilities on his employability. The issue of service connection for right leg venous insufficiency will also be addressed.

The Veteran's cervical spine and lumbar spine disabilities have been rated at 10 percent since June 4, 2007. The RO has granted the requested ratings.

The Board has granted the Veteran's claim for service connection for a low back disorder, finding that it was incurred in service. The neurological disorder in the lower extremities is not yet determined to be related to service.

The Veteran seeks a higher initial rating for his service-connected lumbar spine disability. The Board has determined that additional development is needed, including obtaining VA treatment records and SSA records, as well as scheduling the Veteran for an examination to assess the current nature and severity of his lumbar spine disability.

The Veteran's claims for service connection have been granted for degenerative disc disease of the lumbar spine with spinal stenosis, a cervical spine disability (claimed as neck pain), and a neurologic disability of the legs (numbness and tingling). Service connection is also established for cardiovascular disability (chest pain).

The Board found that the severance of service connection for left knee osteoarthritis, right hip osteoarthritis, and intervertebral disc syndrome of the thoracic and lumbar spine was improper.

The Board has dismissed the appeal of entitlement to service connection for bilateral hearing loss and whether new and material evidence had been received to reopen the claim of entitlement to compensation pursuant to 38 U.S.C.A. § 1151 for bilateral foot disability arising from VA treatment on March 1, 1999 due to withdrawal by the Veteran at a Board hearing held on April 28, 2010.

The Veteran's service-connected thoracolumbar back strain has not resulted in any incapacitating episodes requiring bed rest or treatment by a physician, and her range of motion is not limited by pain, fatigue, weakness, or lack of endurance. Therefore, the claim for an initial rating in excess of 10 percent for thoracolumbar back strain is denied.

The Board denied the Veteran's original claim for service connection for a low back disability in March 1983. The Veteran did not appeal this decision, and his July 2007 claim was granted with an effective date of July 19, 2007. As there is no earlier unadjudicated claim or evidence of CUE, the Board denied a request for an earlier effective date.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his left foot, bilateral knee, bilateral hip, and low back disabilities.

The Board has determined that the Veteran's current degenerative disc disease of the thoracolumbar spine is causally related to an in-service low back injury, and thus service connection for this condition is granted.