Back / lumbar spine decisions — 2010

The Board has dismissed the appeal for entitlement to service connection for a lower back disability as it does not have jurisdiction due to lack of timely filed substantive appeal.

The Board has reopened the Veteran's claims for service connection for lower back and left knee disorders, finding new and material evidence. The claims are granted.

The Veteran's appeal is being remanded for additional development due to the possibility of increased severity since the last VA examination.

The VA determined that the Veteran's current low back disorder is not related to his military service and denied his claim for service connection.

The Board has granted service connection for a lower back disability and shortening of the right lower extremity, finding that there is sufficient evidence to support these claims based on direct service connection.

The Veteran's claims for service connection were pending at the time of his death, and he had submitted a timely appeal. As such, accrued benefits are granted.

The Board has determined that additional development is needed to fully and fairly assess the Veteran's claims for service connection.

The Board found that the Veteran's tinnitus is not service-connected and denied his claim for lumbosacral strain due to lack of evidence showing a connection between his current condition and service.

The Board has determined that service connection is not warranted for any of the claimed disabilities, including disability of the thoracolumbar spine and cervical spine.

The Board has granted service connection for thoracolumbar strain with scoliosis and PTSD, assigning initial ratings of 10 percent effective January 19, 2006. The Veteran's thoracolumbar strain with scoliosis is currently rated at 20 percent.

The Veteran's service-connected low back injury with degenerative disc disease is currently rated at 40 percent, effective from the date of this decision.

The Board denied the Veteran's claims for service connection for hemorrhoids, cervical spine disorder, left foot injury, and leg numbness and cramping. The claim for a lumbar spine disorder was not reopened due to lack of new and material evidence.

The Veteran's low back disability has been productive of slight limitation of motion, lumbosacral strain with characteristic pain on motion, flexion of the thoracolumbar spine greater than 60 degrees, combined range of motion of the thoracolumbar spine greater than 120 degrees, and one incapacitating episode. The criteria for a disability rating in excess of 10 percent have not been met.

The Board has remanded the claims for further development due to a request for a Travel Board hearing.

The Board has determined that the Veteran's back disability did not originate in service and is not related to any incident of service. Therefore, the claim for service connection for a back disability is denied.

The Veteran's claim for a rating in excess of 60 percent for degenerative disc disease and degenerative joint disease, lumbosacral and thoracic spine was denied. The issue of service connection for left sciatica, secondary to the service-connected back disability, was also denied.

The Board affirmed the RO's decision to deny the Veteran's claims for increased ratings for his right and left knee disabilities. The Veteran's lumbar spine and bilateral ankle disabilities were denied as new and material evidence was not received to reopen these previously denied claims. Service connection for ulcers and an acquired psychiatric disorder was also denied.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling examinations to determine the nature and etiology of his claimed conditions.

The Veteran's initial increased evaluation for his L1 fracture and degenerative disc disease of the thoracic and lumbar spine was granted, with a rating of 20 percent effective April 28, 2008. The current disability is rated as 40% disabling due to ankylosis.

The Board found that the evidence does not support a finding of service connection for the appellant's current disability manifested by pain and weakness in the low back, lower extremities, ankles, and feet.