Back / lumbar spine decisions — 2010

The Veteran's appeal is being remanded for additional development to obtain medical records and provide the Veteran with a VA examination to determine the etiology of his back disorder. The lung disorder issue will also be deferred pending receipt of Social Security Administration records and updated VA medical center records.

The Veteran's appeal is being remanded for additional development, including a new VA examination and consideration of the impact of his service-connected disabilities on his employability.

The Veteran's anxiety disorder is currently rated at 30 percent and the Board finds that a higher rating of 50 percent is warranted.

The Board has reopened the Veteran's claim for service connection for spondylolisthesis of the lumbar spine at L5 and finds that it is related to his military service. The appeal is granted.

The April 1955 rating decision denying service connection for lumbosacral back strain is final. The Veteran has not presented new and material evidence to reopen the claim.

The Veteran's hypertension has been granted a noncompensable rating, and his low back disorder is service connected with a compensable rating of 10 percent.

The Board has determined that new and material evidence was not received to reopen the Veteran's claims for service connection for bilateral knee disorder and back disorder. The claims were denied as there is no new evidence showing a chronic injury or aggravation of these conditions during service.

The Board has denied the appellant's claims for service connection for headaches, an eye condition, a lung disability, and PTSD. The claim of service connection for DDD L4 - S1, status post fusion was granted but with a noncompensable rating.

The Board found that the Veteran's low back disability with radiculopathy was not incurred in or aggravated during active service. The opinion concluded that the condition existed prior to service and was not permanently aggravated by service.

The Board has determined that the Veteran's low back disorder was not incurred in or aggravated by service and arthritis of the lumbosacral spine may not be presumed to be. The claim for a left knee disorder is REMANDED due to the need for a VA examination.

The Veteran's appeal has been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative disc disease of the lumbosacral spine, was incurred during his military service and is not permanently aggravated by such service. As a result, the claim for service connection is granted.

The Board denied the Veteran's claims for service connection for a low back disorder and an acquired psychiatric disorder, claimed as PTSD. The claim for bilateral hearing loss was also denied.

The Veteran's low back disability does not meet the criteria for a higher rating as it does not result in unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Veteran's service-connected degenerative disc disease of the lumbar spine is not manifested by recurrent attacks with intermittent relief, ankylosis, or flexion limited to 30 degrees or less. The claim for a separate evaluation for radiculopathy due to this condition was remanded and is pending.

The Veteran's claim for a disability rating in excess of 40 percent for his lumbar spine disorder was denied. The Board found that the evidence did not show unfavorable ankylosis or pronounced intervertebral disc syndrome, with neurological findings related to the site of the diseased disc and with little intermittent relief.

The Board has reopened the Veteran's claim of entitlement to service connection for a bilateral knee disability and granted an extraschedular evaluation for his lumbar spine disability. The Veteran now has a 60% rating for his lumbar spine disability.

The Veteran's service-connected disability has effectively precluded him from locomotion without the aid of a cane or wheelchair, meeting the criteria for specially adapted housing.

The Board has remanded the case to the VA Compensation and Pension Service for an extra-schedular evaluation of the Veteran's chronic low back strain. The issue will be referred back to the RO for a determination on TDIU and temporary total ratings based upon hospitalization and convalescence.

The Veteran's claims for initial and increased ratings for chronic lumbosacral strain are being remanded to the RO for further development of his medical records.