Back / lumbar spine decisions — 2010

The Veteran's claim for service connection for costochondritis, claimed as chest pain, was granted. The claims for increased ratings for the right ankle and lumbosacral strain with mild sciatica and right radiculopathy were also granted.

The Board found that the low back disability existed prior to service and did not increase in severity during service, thus denying the claim for service connection.

The Veteran's claim for TDIU is being remanded due to the need for additional development and readjudication.

The Veteran's service-connected lumbar strain was granted an increased rating of 40 percent effective August 5, 2009. Prior to this date, the disability had been rated at 20 percent.

The Board found that the Veteran's back disability was not incurred in or aggravated by active duty service and is not proximately related to any service-connected condition.

The Veteran's claim for an increased rating for his lumbar degenerative disc disease and service connection for lumbar radiculitis of the right lower extremity are being remanded due to the need for additional development, including obtaining private medical records from Dr. Raker.

The Board found that the Veteran's current low back disorder with associated lower left extremity radiculopathy is not related to his active duty service.

The Veteran's claim for a total rating based on individual unemployability due to service-connected disabilities was granted effective June 28, 2007. The claim for an extra-schedular evaluation for the lumbar spine disability prior to October 18, 1994 was denied.

The Veteran's claims were granted, with the right knee disability receiving a rating of 20 percent effective from June 1, 2005. The issues regarding lumbar strain and service connection for a right foot disability are still pending.

The Veteran's service-connected disabilities do not render him unemployable, as his age is considered in determining whether he can secure or follow substantially gainful employment.

The Board has determined that the Veteran does not have current disabilities of left ankle, low back, cervical spine, or left knee. Therefore, service connection for these conditions is denied.

The Board has granted service connection for the Veteran's lumbar spine disability as secondary to his service-connected residuals of bilateral shell fragment wounds. The issue of increased evaluations for his thigh wounds and TDIU claim will be addressed after further development.

The Board has determined that there is a need to verify the Veteran's periods of active duty, inactive duty training, and Army National Guard service. Additionally, the Veteran needs to be afforded a VA examination to determine the nature and likely etiology of his claimed low back disability.

The Board denied the Veteran's claims for increased ratings for PTSD, cervical spine disability, and lumbar spine disability. The effective date of service connection was January 18, 2005.

The Veteran's claims for service connection were denied as his claimed conditions are not shown to be related to military service or a service-connected disability.

The Veteran's claim for service connection for lumbar DDD secondary to his right ankle disability was granted with a retroactive effective date of June 24, 2002.

The Board has determined that the Veteran's lumbar spine disorder warrants a rating of 40 percent effective from September 6, 2005.

The Veteran's service-connected lumbar spine disability has been rated at 10 percent since February 8, 2008. The VA examiner found that the Veteran's functional loss due to pain more closely resembled a limitation of thoracolumbar motion with flexion restricted to less than 60 degrees but more than 30 degrees.

The Veteran's claims for higher evaluations of his service-connected right elbow, right upper extremity, and lumbar spine disabilities have been denied. The claim for an initial compensable evaluation for status post nasal fracture has also been denied.

The Veteran's claim for higher initial ratings for degenerative disc disease of the low back is being remanded due to changes in rating criteria and incomplete development.