Back / lumbar spine decisions — 2010

The Board has remanded the case due to the need for an examination of the Veteran's claimed right shoulder and lumbar spine disabilities.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, even though they do not result in a combined 100 percent schedular evaluation.

The Veteran's claims for service connection for an acquired psychiatric disorder (to include PTSD), arthritis, left wrist sprain, and lumbar strain have been denied. The Board found that the Veteran does not meet the diagnostic criteria for PTSD in accordance with VA regulations and there is no current diagnosis of PTSD. The preponderance of evidence is against a finding of service connection for any psychiatric disorder other than PTSD.

The Board denied service connection for a left ankle disability and a low back disability, finding no evidence of current disabilities related to service or the in-service injuries.

The Veteran's service-connected low back disability and radiculitis of the left lower extremity are not rated higher than 10 percent, as there is no evidence of severe limitation of motion or additional neurological deficits.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service and denied his claim for service connection. The inguinal hernia issue is pending as it has been remanded.

The Board has determined that the Veteran's low back disorder is aggravated by his service-connected residuals of a gunshot wound to the right thigh, and therefore grants service connection for this condition.

The Veteran's claim for service connection for a low back disability with bilateral leg involvement is being remanded due to the need for additional medical records and an examination.

The Board has remanded the case for a VA examination to determine if the Veteran's current spine disability is related to her service, including any periods of active duty and Reserve training. The Veteran contends that her back disorder began during her period of Army Reserves service in 2002.

The Veteran's claims for service connection were denied as the evidence did not show that his conditions began in or were made worse by military service.

The Veteran withdrew his appeal for the issues of entitlement to service connection for myelopathy with atrophy and central canal stenosis, cervical spine; polysensory motor neuropathy, bilateral hands; polysensory motor neuropathy, right foot; and PTSD.

The Board has determined that a remand is necessary to obtain additional development, including new examinations and consideration of the Veteran's claim for total disability rating based on individual unemployability (TDIU) and extraschedular evaluation.

The Veteran's low back strain disability is currently rated at 20 percent, effective July 5, 2005. The Board has determined that a higher rating of 40 percent is warranted as of February 18, 2009.

The Veteran is seeking service connection for a spine disability, including scoliosis and degenerative disc disease. The Board has ordered a remand to determine if the current spine disability was caused or aggravated by service.

The Board has determined that the Veteran does not have a current diagnosis for any of his claimed disabilities, including back disability, bilateral hip and knee disabilities, bilateral leg disability, posttraumatic stress disorder, or eye injury. Therefore, service connection is denied.

The Veteran's appeal is being remanded due to the need for additional examinations and records review. The issues include service connection, increased rating, and TDIU.

The Veteran's service-connected low back syndrome is currently rated at 20 percent disabling since May 7, 2009. The VA determined that the condition has resulted in muscle spasm or guarding severe enough to cause an abnormal gait and spinal contour.

The Board has determined that the Veteran's low back disability had its onset during his active duty service and granted service connection for this condition.

The Veteran's appeal is being remanded for a videoconference hearing at the Muskogee, Oklahoma RO.

The Board denied reopening the claim for service connection of a low back condition and denied an evaluation in excess of 10% for left ankle sprain. The effective date for the current 10% evaluation was not earlier than December 21, 2006.