Back / lumbar spine decisions — 2010

The Board has granted service connection for lumbar spine stenosis and bilateral hip arthritis, status post hip replacement. The claim for a bowel disorder secondary to lumbar spine stenosis is pending.

The Board found that the Veteran's current lumbar spine and right shoulder disorders were not incurred in or otherwise the result of active military service, and thus denied his claims for service connection.

The Board has remanded the case for an adequate VA examination and opinion to determine if there is a 50 percent probability or greater that any currently diagnosed cervical spine disorder is etiologically related to service, including complaints of back pain therein. The appellant's reports of continuity of symptomatology in the thoracic and cervical spine region since service should be considered.

The Veteran's service-connected lumbar disc disease has been rated at 40 percent, and the Board grants a rating in excess of 40 percent for this condition. The Veteran is also granted individual unemployability due to his service-connected disabilities.

The Board found that the Veteran's current back conditions are not attributable to his in-service motorcycle accident and denied his claim for service connection.

The Board has denied the appellant's claims of service connection for a back/neck condition and a left arm/shoulder condition, finding that there is no evidence linking these conditions to his active military service. The TDIU claim was also denied.

The Veteran's lumbosacral strain with herniated disc has been rated at 40 percent since June 9, 2007.

The Board found that the Veteran does not have a current back disability and denied his claim for service connection.

The Board found that the Veteran's current back disability is not related to his service and denied his claim for service connection.

The Board denied service connection for a back disability and depression, finding no evidence of such conditions during active service or any link to service. The Veteran's current diagnoses were not related to his period of military service.,Service connection was also denied for bilateral hearing loss due to lack of new and material evidence.

The Veteran's claim for increased evaluations for his service-connected chronic low back strain with degenerative changes was denied as the evidence did not meet the criteria for a higher evaluation.

The Veteran's low back disability was not shown to warrant a rating in excess of 10 percent prior to January 9, 2006. From that date, the disability is rated at 40 percent.

The Veteran's low back disability has not been found to warrant a rating in excess of 40 percent, and the claim for a separate evaluation of left leg radiculopathy is granted.

The Veteran's appeal has been withdrawn due to his request for withdrawal of the appeal on the issues of entitlement to service connection for a left knee disorder and service connection for a lumbar spine disorder.

The Veteran's lumbar spine disorder is currently evaluated as 20 percent disabling, but does not meet the criteria for a higher rating based on limitation of motion or other manifestations.

The Board has remanded the case for additional development due to incomplete service treatment records.

The Board has determined that the submitted evidence is not new and material to reopen the claim for service connection of a low back disorder.

The Board finds that the Veteran does not have evidence linking his current low back disorder to service, and thus denies his claim for service connection.

The Veteran's degenerative disc disease of the lumbar spine is rated at 20 percent, and bilateral tinnitus has been granted service connection. Service connection for erectile dysfunction and a psychiatric disorder (including PTSD and depression) have also been established.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess his claimed back and bilateral knee disorders. The claims of service connection for PTSD, left lower extremity disorder, and a rating in excess of 20 percent for right upper extremity parasthesias are also pending.