Back / lumbar spine decisions — 2010

The Veteran's appeal for service connection on pleural thick thickness, COPD, low back disorder, chronic bronchitis and residuals of sea sickness has been dismissed due to the withdrawal of a notice of disagreement in regard to these issues.

The Veteran's low back and hemorrhoids disabilities were found to not warrant higher ratings, while his hearing loss disability was also found not to warrant a compensable rating.

The Veteran's lumbar spine disability is rated at 40 percent, effective April 15, 1992. The left shoulder disability was initially rated at 10 percent prior to July 18, 2005 and then increased to 20 percent since that date.

The Board has granted the Veteran's claims for increased ratings for his service-connected lumbar spine degenerative changes, PTSD, and chronic bronchitis. The lumbar spine degenerative changes are currently rated as 10 percent disabling, PTSD is rated as 50 percent disabling, and chronic bronchitis is rated as 30 percent disabling.

The Board denied the Veteran's application to reopen his claim of entitlement to service connection for a chronic low back disability, finding that no new and material evidence had been submitted.

The Board has granted service connection for degenerative disc disease, finding that the Veteran's current back disability is related to his military service.

The Veteran's appeal is being remanded for further examination and development, including obtaining VA treatment records and providing VCAA notice.

The Board has granted service connection for tinnitus but the issues of service connection for an acquired psychiatric disability and a cervical spine disability remain pending and require further development.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his degenerative disc disease of the lumbar spine and sciatica, right lower extremity. Higher ratings may be warranted based on the results of this examination.

The Veteran's appeal is being remanded due to procedural issues, and his hearing request has been noted.

The Board has determined that the Veteran did not present new and material evidence to reopen his claim for service connection for psychogenic musculo-skeletal reaction manifested by low back and hip pain, which was previously denied in May 1960 due to lack of evidence showing aggravation during service.

The Veteran's postoperative residuals of a fracture at L1 are rated at 50 percent, effective from the date of his claim. The left knee instability disability remains rated at 10 percent.

The Veteran's appeal is denied as his service-connected recurrent subluxation or instability of the left knee due to traumatic arthritis and rupture of the ACL does not warrant a disability rating greater than 10 percent.

The Veteran's service-connected lumbosacral spine discogenic disease is currently rated at 40 percent since February 22, 2006. The rating takes into account moderate limitation of motion with forward flexion of 25 degrees and mild incomplete paralysis of the bilateral lower extremities.

The Veteran's claim for service connection for depression secondary to his service-connected lumbar disc disease was granted, effective June 25, 2007. The rating assigned is 10 percent.

The Board has remanded the case for additional development, including a VA spine examination to determine if the Veteran's diagnosed chronic lumbosacral strain with degenerative changes is related to military service.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing before the Decision Review Officer and potentially a Travel Board hearing if necessary.

The Veteran's low back strain has been rated at 10 percent, and the Board found that a higher rating is not warranted. The TDIU claim was also denied as her service-connected disability did not render her unable to secure or follow a substantially gainful occupation.

The Veteran's low back disability was previously rated at 40 percent from April 24, 2001 to July 20, 2010. The Board has now granted a higher rating of 60 percent effective July 20, 2010.

The Board has determined that the Veteran's back disability was not incurred in or related to his period of active military service. The evidence does not show a link between his current back pain and any incident during service, including an episode of thoracic spine pain in 1997.