Back / lumbar spine decisions — 2010

The Veteran's claim for a disability rating in excess of 20 percent for his service-connected osteoarthritis of the lumbar spine was denied. The VA examiner found that the Veteran's condition did not meet the criteria for an increased rating under the applicable diagnostic codes.

The Board has determined that the Veteran's shortening of the right leg is a result of disease or injury incurred during active military service, and his low back disorder secondary to the right leg disability is also considered as resulting from such service. The Veteran was granted service connection for both conditions.

The Board denied the Veteran's claims for higher ratings and service connection, finding that his ankle disability did not warrant a rating higher than 10 percent.

The Board found that the Veteran's degenerative joint disease and degenerative disc disease of the lumbar spine were not incurred in or aggravated by service, nor are they otherwise attributable to service-connected lumbar strain with myositis.

The Board denied service connection for a chronic back disability and a chronic psychiatric disability, to include PTSD.

The Veteran does not have a left side disorder that is related to military service or an event of service origin. The Board finds no medical evidence linking the current left thoracic strain to his in-service injury and concludes it is less likely than not related to his service-connected degenerative disc disease of the lumbar spine with left radiculopathy.

The Veteran's combined disability rating is 70%, which does not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Board denied the Veteran's claim for service connection for arthritis of the lumbar spine, finding that there was no evidence linking it to his service-connected right knee disability.

The Board has determined that the Veteran's low back and right wrist disabilities were not incurred or aggravated by service, nor may they be presumed to have been incurred in service. The evidence does not support a finding of continuity of symptomatology since service.

The Board has determined that the Veteran does not have current disabilities for the claimed conditions of residuals of a head injury, left shoulder disorder, right shoulder disorder, cervical spine disorder, and lumbar spine disorder. The disorders are currently shown as bilateral shoulder tendonitis, cervical spondylosis, and lumbar scoliosis, but these are not related to service.

The Board has remanded the case for a VA examination to determine if the Veteran's current low back disorder is related to his service, including combat in Vietnam. The RO must also consider all relevant theories of entitlement and provide an SSOC.

The Veteran's claims for increased ratings for lumbar disc disease and left knee internal derangement are being remanded due to the need for new medical examinations and development of evidence regarding a clothing allowance.

The Board has determined that the veteran's chronic low back disability, including degenerative disc disease, was incurred in active service and is granted service connection.

The Board found that the Veteran's current back disability is not caused by or a result of his military service, and thus denied the claim for service connection.

The Veteran's appeal is remanded due to the need for additional evidentiary development and consideration of his TDIU claim, which is inextricably intertwined with other issues raised in a June 2007 rating decision.

The Veteran's low back pain with degenerative joint disease and disc disease is currently rated at 40 percent, effective January 26, 2005. The rating has been granted.

The Veteran has withdrawn his appeal on all issues.

The Veteran's service-connected myositis, cervical spine and lumbar spine disabilities are currently rated at the minimum levels. The Veteran's bilateral hearing loss disability is not compensable.

The Veteran's claims for increased rating for hypertension, service connection for carpal tunnel syndrome of the right wrist, and reopening a previously denied claim for lumbar spine disability were all denied by the RO. The decision also granted service connection for hypertension but assigned a noncompensable disability rating.

The Veteran's lower back disability is currently rated at 10 percent, the maximum schedular rating available for this condition. The evidence does not support a higher evaluation as there is no indication of severe limitation of motion or incapacitating episodes requiring bed rest.