Back / lumbar spine decisions — 2010

The Veteran's claim for a rating in excess of 40 percent for cervical spine disability was denied, and separate ratings were also denied for radiculopathy of the upper extremities. The current rating is 40 percent.

The Board has decided to remand the case due to incomplete records and further investigation is needed.

The Veteran's claims for increased ratings and earlier effective dates were denied. The right knee instability claim was granted, but the Veteran did not meet the criteria for a separate rating. The cervical disk disease and low back condition claims were also denied.

The Veteran's low back disability with a herniated disc has been manifested by limitation of forward flexion to 65 degrees, but no evidence of ankylosis or incapacitating episodes. The Board found that the current medical evidence does not meet the criteria for a higher rating.

The Veteran's service-connected disabilities are shown to preclude him from performing substantially gainful employment consistent with his educational and occupational background, warranting a total disability rating based on individual unemployability.

The Veteran's low back disorder is currently rated at 40 percent, effective October 17, 2006. The rating for the gastric ulcer remains at 10 percent.

The Board has determined that the Veteran's current low back disorder, including chronic strain and degenerative disc disease L1-2, is related to his in-service injury. The claim for service connection is granted.

The Board denied the Veteran's claims for service connection for diffuse idiopathic skeletal hyperostosis (Forestier's disease) and lumbar degenerative disc disease, finding that these conditions are not related to service.

The Veteran's low back strain is currently rated at 10 percent, and his right knee strain remains at a noncompensable rating. The RO granted the higher initial ratings for both conditions.

The Board found that the Veteran's low back and cervical spine disorders were not incurred in or aggravated by service, nor may they be presumed to have been incurred in service.

The Veteran's claims for increased ratings for lumbar spine, right shoulder, TMJ, and hypertension are being remanded due to the need for additional medical examinations.

The Veteran's claim for service connection for an upper back disorder, including cervical spine disability, is being remanded due to the need for additional development and examination.

The Veteran's claims for PTSD, lumbar spine disability, right knee disability, left knee disability, right hip disability, neck disability, and right shoulder disability are being remanded due to the need for additional examinations and evaluations.

The Board has reopened the Veteran's claim for service connection for a chronic back disability and determined that new evidence submitted by the Veteran relates to an unestablished fact necessary to substantiate this claim. The Board also found that the Veteran's current low back condition is related to his in-service motor vehicle accident.

The Board has determined that the Veteran's lung disease, loss of bilateral eyesight, and back disorder are not related to service. The claim for service connection is denied.

The Board has determined that the appellant does not have a current lumbar spine disability that is related to his military service, and thus denied his claim for service connection.

The evidence does not support a finding that the Veteran's current back disability is related to his military service.

The Board has determined that the Veteran's notice of disagreement was not timely filed, and thus the underlying claims for service connection are dismissed.

The Board has determined that the Veteran's low back disability was not incurred or aggravated during active service and denied his claim for service connection.

The Board has granted service connection for acquired psychiatric disability (schizophrenia), tardive dyskinesia, and low back disability. The acquired psychiatric disability is found to have its onset in service, while the tardive dyskinesia is proximately due to his service-connected schizophrenia. The low back disability was not incurred or aggravated by active service.