Back / lumbar spine decisions — 2010

The Veteran's DJD of the lumbar spine, right shoulder, and left ankle are rated at 40 percent effective July 28, 2008. The rating for his right shoulder is increased to 20 percent from that date.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's lumbosacral strain is rated at 10 percent since June 6, 2005. The appeal for a higher initial evaluation was denied.,Service connection for the left shoulder disorder and left knee disorder were granted with respective initial evaluations of 20% and 10%. The appeals for higher initial evaluations were denied.,The Veteran's right knee disorder is rated at zero percent since June 6, 2005. The appeal for a higher initial evaluation was denied until November 23, 2006 when the rating was increased to 10%.,Service connection for the right shoulder disorder was not granted.

The Board has remanded the case due to the need for additional development and notification of efforts made by VA to obtain relevant records.

The Board has affirmed the RO's denial of service connection for lumbosacral sublux/strain/sprain.

The Board denied service connection for a back disorder, heart disorder, and peripheral neuropathy of the upper extremities. The Veteran's current back condition is not due to or related to in-service disease or injury.

The Veteran's claim for an increased rating for his degenerative disc disease of the thoracolumbar spine was denied as there is no evidence showing forward flexion of the thoracolumbar spine less than or equal to 30 degrees, extension of zero to 10 degrees, left lateral flexion of zero to 20 degrees, and right lateral flexion of zero to 20 degrees. The Veteran did not have incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past twelve months.

The Board has remanded the case for further development, including a medical examination to determine if the Veteran's low back disorder is secondary to his service-connected left knee disability.

The Veteran's initial claim for a higher rating for his degenerative disc disease of the lumbar spine was denied prior to December 12, 2009. After that date, he received an increased rating to 20 percent effective from December 12, 2009.

The Veteran's claims for increased ratings for radiculopathy of the lower extremities and degenerative disc disease with degenerative joint disease of the lumbosacral spine were denied. The Veteran is not entitled to an initial rating in excess of 10 percent for either condition.

The Board has granted service connection for degenerative disc disease at L5-S1, but denied service connection for residuals of a torn right hamstring. The decision found that the appellant's current degenerative disc disease is related to his in-service injury.

The Board has remanded the case for additional development due to a lack of compliance with previous instructions.

The Board denied service connection for a low back disability and did not address the claim for an initial evaluation in excess of 40 percent for hepatitis C due to lack of evidence.

The Board denied the Veteran's claim of service connection for a low back disability, finding that his current condition is not related to any incident in service and is not caused or aggravated by a service-connected disorder.

The Veteran's low back disability is now rated at 40 percent for accrued benefits purposes, and her gynecological disability is rated at 30 percent for accrued benefits purposes.

The Board has remanded the case for further development, including obtaining VA outpatient treatment records and scheduling a VA examination to determine if the Veteran's current back disorder is related to service.

The Veteran's service-connected chronic lumbosacral strain, with L4-S1 bulging disc and osteoarthritis, is rated at 40 percent. The neurological manifestations of the right lower extremity are not rated higher than 10 percent. The neurological manifestations of the left lower extremity are rated as non-compensable prior to July 17, 2009.

The Veteran's lumbar osteophytosis with bulging discs was initially rated at 10 percent from December 20, 2001 to October 20, 2005 and from February 1, 2006 to August 26, 2009. Beginning on August 26, 2009, the Veteran's disability was rated at 20 percent.,Effective August 26, 2009, the Veteran's lumbar osteophytosis with bulging discs warranted a rating of 20 percent.

The Board determined that the reduction of the disability evaluation for service-connected lumbosacral strain with limitation of motion from 30% to 10% was proper.

The Board has remanded the case due to the need for additional evidence, including SSA administrative decisions and medical records related to the Veteran's back condition. The RO must provide a comprehensive definition of 'new and material' evidence in relation to the Veteran's petition to reopen his service connection claim.