Back / lumbar spine decisions — 2010

The Veteran's claim for increased ratings for his lumbosacral spine disorder and resultant radiculopathies was granted, with the lumbosacral spine disorder receiving a 20 percent rating effective from December 3, 2001. The radiculopathies of the left lower extremity received a 10 percent rating effective from December 3, 2001, and the radiculopathy of the right lower extremity also received a 10 percent rating effective from December 3, 2001.

The Veteran's claim for an increased rating and a total disability rating based on individual unemployability due to service-connected disability was denied. The Board found that the evidence did not show unfavorable ankylosis of the entire spine, which is required for a higher rating.

The Veteran's lumbar spine disability was not shown to meet the criteria for a rating greater than 20 percent from August 17, 2005 to October 1, 2008. For the time period since October 2, 2008, the disability did not result in ankylosis or incapacitating episodes of IVDS having at least 6 weeks' duration during any 12-month period.

The Board found that the Veteran's current low back disability is not related to his military service, including an injury in a parachute jump while on active duty. The preponderance of evidence does not support a finding that the disability was incurred or aggravated by service.

The Veteran's service-connected status post chemonucleolysis of a herniated disc at L5-S1 with a residual chronic lumbar strain has not met the criteria for an evaluation in excess of 10 percent since September 23, 2002.

The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is related to his active duty service. The claim for low back disorder remains pending as further examination and development are required.

The Veteran's service-connected lumbosacral strain with degenerative changes, status post microdiscectomy, is currently rated at 20 percent from October 29, 2009 onward. The claim for a higher initial rating prior to that date remains denied.

The Veteran seeks service connection for a back disorder, which she claims is secondary to her service-connected left ankle disorder. The Board finds there are insufficient medical opinions regarding whether the Veteran's current back disorder was aggravated by military service or if it is related to her pre-existing condition.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative changes and disc herniation is being remanded due to missing documents in the claims file.

The Veteran's appeal has been withdrawn due to his request for withdrawal prior to the Board making a decision.

The Board has determined that the Veteran did not file a timely notice of disagreement regarding the September 2003 rating decision, which denied service connection for right hip injury, right knee injury, and bilateral shoulder pain, as well as assigning noncompensable ratings for bilateral carpal tunnel syndrome and degenerative disc disease of the lumbar and cervical spine segments. As such, the appeal is denied.

The Board has remanded the Veteran's claims due to further development of evidence being required. The right knee sprain claim is not granted, and other service connection claims are also not granted.

The Veteran's appeal is being remanded to allow for a more recent VA examination to assess the current severity of his service-connected chronic lumbosacral strain.

The Board has remanded the case due to the Veteran's failure to appear at his scheduled hearing and requests for a new hearing date. The right knee disability rating remains unchanged, but service connection issues are being addressed.

The Board denied the Veteran's claims for service connection for erectile dysfunction, cervical spine disability, multilevel lumbar discogenic disease, prostate condition, and gouty arthritis. The evidence did not support a finding that these conditions were incurred in or aggravated by military service.

The Board has remanded the case for additional development due to incomplete verification of service and possible SSA records.

The Board denied the severance of service connection for prostatitis and lumbosacral strain, as well as the reopening of the claim for a psychiatric disorder. The decision also addressed whether new and material evidence had been presented to reopen the psychiatric disorder claim.

The Veteran's service-connected disabilities, including arterial hypertension with proteinuria and glomulosclerosis, low back pain, and a right knee condition, preclude gainful employment. The Board finds that the requirements for a TDIU rating are met.

The Board has ordered a remand due to the need for additional development, including an examination and opinion regarding the relationship between the Veteran's low back disability and his service.

The Board has determined that the Veteran's current diagnoses of L4-5 herniated nucleus pulposus and degenerative disc disease are etiologically related to a chronic low back disorder that had its onset during active military service.