Back / lumbar spine decisions — 2010

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine was denied by the RO. The disability is currently rated at 40 percent, which reflects a limitation in range of motion and functional impairment.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a link between his current disabilities and his military service.

The Board denied service connection for an upper back disability and secondary service connection for neck and headache disabilities. Service connection was granted for bilateral hearing loss.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of an in-service injury and that any current condition is not related to his military service.

The Veteran's claim for specially adapted housing or a special home adaptation grant is being remanded due to the need for additional development, including obtaining medical records and conducting an examination.

The Board found that spina bifida is a congenital defect and not subject to service connection. The acquired low back disorder was denied as the evidence did not establish a nexus between the current condition and service.

The Board has determined that the Veteran's low back disability and skin disability of the feet were not incurred or aggravated by service. The evidence does not support a finding of continuity of symptomatology after service.

The Board has determined that the Veteran's current low back disability is due to a service-related injury in 1976, and thus grants service connection for residuals of a low back injury.

The Board has remanded the Veteran's claim of entitlement to service connection for arthritis of the lumbar spine due to a need for additional action, including an examination and consideration of the continuity of symptomatology.

The Veteran's low back pain disability is rated at 40 percent since March 18, 2008. The Board also granted a TDIU based on the combined ratings of his service-connected disabilities.

The Board denied the Veteran's claims for higher initial ratings for his service-connected low back disability and scars, residuals of inguinal hernias. The Veteran's low back condition was found to be manifested by limitation of motion with forward flexion limited to 45 degrees but not less than 30 degrees or more than 60 degrees, without ankylosis. His right peroneal nerve disorder resulted in sensory loss equivalent to mild, incomplete paralysis. The scars did not result in any functional impairment and were not tender or ulcerated.

The Veteran's low back pain syndrome with minimal neurological involvement was increased to a 40 percent rating effective January 6, 2010. Prior to that date, the condition was rated at 20 percent.

The Board has granted service connection for tinnitus and awarded a 20 percent disability rating for lumbosacral strain, effective from July 18, 2007.

The Veteran's claim for service connection for lumbar spine stenosis, to include as secondary to his service-connected malaria, is being remanded due to the need for additional medical examination and development of records.

The Veteran's service-connected degenerative disease of the lumbar spine is rated at 40 percent, and his right leg neuritis has been rated appropriately. The bilateral hearing loss ratings have also been determined to be appropriate.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a back disability, as the December 1973 rating decision is final.

The Board has remanded the case due to inadequate notice for a VA examination, and the appellant is an incarcerated veteran.

The Veteran's claims for increased initial ratings for his service-connected degenerative arthritis of the thoracolumbar spine with scoliosis, bilateral hearing loss with a history of cholesteatoma, and pansinusitis were denied. The RO assigned initial staged ratings based on the date of claim or VA examination findings.

The Board has decided to remand the case for further development, including a VA examination to determine if the Veteran's mid and low back disability is related to his military service.

The Board has remanded the case for additional development, including obtaining private medical records and providing VA examinations to address the etiology of the Veteran's claimed low back disorder, nerve damage of the right lower extremity, and right knee disorder.