Back / lumbar spine decisions — 2010

The Veteran's low back disability was granted an initial rating of 10 percent, and a subsequent increased rating to 20 percent effective March 5, 2009. The Veteran's left leg radiculitis and bilateral plantar fasciitis were each granted initial ratings of 10 percent.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service and denied his claim.

The Board denied service connection for hepatitis C, hypothyroidism, hearing loss, tinnitus, a psychiatric disorder (major depression with polysubstance abuse, in remission), and residuals of low back trauma. The Veteran's claims were not supported by the evidence presented.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, and the Board grants a TDIU.

The Veteran's claims for earlier effective dates for the grants of service connection and increased evaluations have been granted.

The Board has determined that the Veteran's low back disability and left knee disability were not incurred or aggravated by service, and thus denied both claims.

The Veteran's back disability was rated at 20 percent for the period from January 31, 2006 to May 6, 2008. After this date, his condition warranted a higher rating of 40 percent.

The Board has remanded the case due to incomplete records and requests for additional examination.

The Veteran's claim for increased ratings for her degenerative disc disease of the lumbosacral spine was denied. The Board found that the evidence did not support a higher rating prior to September 16, 2009 and maintained the current 10 percent disability evaluation.

The Board found that the Veteran's current low back disability was not caused by his military service and denied his claim for service connection.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are directly related to his active duty for training, thus granting service connection.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to address the etiology of the Veteran's claimed disabilities.

The Veteran's claim for a higher rating for lumbosacral strain with arthritis was granted, effective July 20, 2009. The current rating of 40 percent is appropriate as of that date.

The Veteran's claim for increased ratings for his service-connected lumbar disc disease and degenerative joint disease was denied. The RO found that the disability did not meet or approximate criteria for a rating in excess of 40 percent prior to June 1, 2007, and 20 percent from June 1, 2007.

The Board denied the Veteran's claims of service connection for a lumbar spine disability and dental disability, finding that there was no evidence to support these claims based on direct service connection.

The Board has determined that the Veteran's current degenerative joint disease of the lumbar spine is related to his active duty service and grants this claim. The Board found no credible or competent evidence linking the Veteran's current hemorrhagic fever residuals to his military service.

The Board found no evidence linking the Veteran's current lower back disorder to his active service, and denied his claim for service connection.

The Veteran's claims for service connection for sinusitis, bilateral hearing loss disability, an eye disability, a low back disability, and a neck disability have all been denied as there is no competent clinical or credible lay evidence to support these claims.

The Veteran's claims for increased disability evaluations were denied as his conditions did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's claims for service connection and increased ratings were denied. Service connection was not granted for sinus tachycardia, while the Veteran's migraine headaches, lumbar spine disability, and hypothyroidism (post thyroidectomy) were rated appropriately.