Back / lumbar spine decisions — 2010

The Veteran's claim for an increased rating for his service-connected residuals of a sacroiliac injury with spondylarthrosis, lumbar vertebrae is being remanded due to the need for additional examination and consideration of all available records.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues are about increased evaluation for osteoarthritis of the right knee and service connection for a low back disorder, which may be secondary to the right knee condition.

The Veteran's claim for an increased disability rating for low back strain is being remanded due to the need for a new VA examination and additional medical records.

The Board denied service connection for DDD of the cervical spine on a direct or presumptive basis, finding no objective evidence of an in-service injury and no credible assertions of continuity of symptoms. The Veteran's lay statements were not considered sufficient to establish a nexus between his current condition and military service.

The Veteran's service-connected lumbar/thoracic scoliosis with chronic low back pain, herniated nucleus pulposus at L4-S1, was granted a 20 percent rating effective February 7, 2008. The claim for increased rating of hypothyroidism is addressed in the REMAND portion.

The Board has determined that the Veteran's low back, left knee, and right knee disabilities are not related to service. The preponderance of evidence shows these conditions were first manifested many years after service.

The Board has remanded the case due to additional development needed, including obtaining SSA records and scheduling a VA examination.

The Board has granted service connection for a scar at the interdigital web space between the thumb and index finger of the left hand, as well as residual hypothenar atrophy. Service connection was denied for a low back disability.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further consideration, including an evaluation of whether the issue warrants extraschedular consideration.

The Veteran's lumbosacral strain has been rated at 40 percent since the July 2004 rating decision. Since November 5, 2009, he has also been granted separate 10 percent ratings for right and left-sided mild incomplete paralysis of the sciatic nerve.

The Veteran's claims for increased evaluations for degenerative disc disease of the lumbar spine and right knee chondromalacia patella were denied as there is no evidence of incapacitating episodes or separately compensable neurologic symptoms, and the functional limitations do not meet the criteria for a higher evaluation.

The Veteran's claim for service connection for his low back disability is being remanded due to the need for additional medical records and an opinion regarding the etiology of his condition.

The Board has determined that the Veteran's current degenerative disc disease/degenerative joint disease cervical spine condition is not related to his military service and therefore denied his claim for service connection.

The Board has determined that the Veteran's low back strain and muscle spasms are secondary to her service-connected left knee disability, which aggravated her pre-existing back condition.

The Board is remanding the case to the RO for further development, specifically obtaining ship's logs from the USS Southerland for February 1962.

The Board has determined that the Veteran does not have a lumbar spine degenerative disc disease, left knee osteoarthritis, or major depressive disorder that is related to his military service, including being secondary to a service-connected right knee disability. Therefore, these claims are denied.

The Veteran's claims for service connection were denied across multiple conditions, including PTSD, chloracne, hypertension, hepatitis C infection, and a lung disability. The Board found no evidence linking these conditions to service or herbicide exposure.

The Veteran's service-connected low back disability, characterized as L5-S1 degenerative disc disease and spinal stenosis with radiculopathy, status post lumbar fusion and laminectomy, resulted in severe post-operative residuals that required convalescence until at least December 13, 2002. The Board granted an extension of a temporary total rating based on the need for convalescence following surgery.

The Board has determined that the Veteran's lumbar disc disease warrants a rating of 10 percent, effective October 1, 2003.

The Veteran's claims for higher initial ratings for her service-connected shoulder and spine disabilities are being remanded to allow for additional development of the evidence.