Back / lumbar spine decisions — 2010

The Board has determined that the Veteran's low back disorder is permanently aggravated by his service-connected residuals of a left knee injury, and thus grants service connection for this condition.

The Board found no evidence of a chronic back disability during service or within one year after discharge, and the Veteran's current claim for service connection was denied.

The Board has remanded the case for additional development to afford the Veteran a VA examination and obtain relevant medical records. The issues on appeal include service connection for hiatal hernia, right leg disability (secondary to low back disability), right hip disability (secondary to low back disability), and low back disability.

The Veteran's thoracolumbar strain with osteoarthritis and GERD have been granted initial ratings of 20 percent and 10 percent, respectively. The Veteran's PTSD remains at a 30 percent rating.

The Board has remanded the case for further development due to the Veteran's incarceration, including scheduling an appropriate VA examination and considering his circumstances when arranging the medical examination.

The Veteran's claims for service connection are being remanded as there is insufficient evidence to determine the validity of his stressor allegations and a VA examination is needed to assess the nature and etiology of any current psychiatric or back disorders.

The Veteran's claim for a higher evaluation for his service-connected lumbar spine disability is denied as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining her service treatment records and verifying her military duty status. The VA will also schedule examinations to determine if she currently has any back or spine disability, gastrointestinal disorder, or psychiatric disorder, as well as whether these conditions are related to her service.

The Veteran's service-connected low back disability, posttraumatic low back pain status post T-12 anterior compression fracture with thoracic degenerative disc disease, scoliosis, and lumbar strain, is rated at 20 percent. The rating is denied as the evidence does not show forward flexion of the thoracolumbar spine limited to 30 degrees or less.

The Veteran's appeal is remanded due to the need for additional development of his lumbar spine disability, including orthopedic, neurological, and genitourinary examinations.

The Board has determined that new and material evidence has been presented to reopen the Veteran's claims for service connection for low back and left leg disabilities. The Veteran is now entitled to service connection for these conditions.

The Board found no evidence of a current disability related to the Veteran's first period of active service and denied his claims for service connection.

The Board has granted the Veteran's claims of service connection for headaches, but denied his claims for right shoulder disorder, dizziness, numbness of hands, cervical spine disorder, lumbar spine disorder, and psychiatric disorder.

The Board has determined that the Veteran's lumbar spine disorder is related to her military service and grants her claim for service connection.

The Veteran's service-connected left total knee replacement residuals are rated at 30 percent, which is the maximum schedular evaluation. The Board found that his disability does not meet or nearly approximate the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected posttraumatic disc disease of the lumbar spine is being remanded due to insufficient evidence and a need for a new VA examination.

The Board has determined that the Veteran's thoracolumbar spine disability is related to his active military service and grants this claim. The cervical spine disability issue remains unresolved.

The Veteran's increased rating claim for his low back disability was granted, and the effective date of the grant was set at June 5, 2006.

The Board has determined that new and material evidence was received to reopen the claims for service connection for low back disability and right knee disability. The Veteran's current low back disability is found to be at least as likely as not related to his lumbar strain during service, while there is no competent evidence showing a current bilateral hearing loss.

The Board denied the Veteran's claims for higher ratings for mechanical low back pain and cervical osteoarthritis, finding that the evidence did not meet the criteria for a rating in excess of 10 percent prior to May 11, 2005, or 20 percent thereafter. The disability was rated based on its direct effects rather than any service connection theory.