Back / lumbar spine decisions — 2010

The Veteran's appeal is being remanded to the RO for further consideration, including obtaining updated treatment records and scheduling VA examinations.

The Board has granted service connection for a right arm scar and found that the Veteran's hypertension and cervical spine degenerative disc disease are related to his active duty service.

The Veteran's claims for increased ratings were granted, but the specific disability ratings are not provided in this decision. The Veteran is entitled to an initial rating of 10 percent for chondromalacia, right patella, status post meniscectomy and chronic low back pain prior to April 11, 2005, and a 40 percent rating from that date. He is also entitled to a 10 percent rating for residuals of an injury to the right middle finger with amputation of the tip.

The Veteran's service-connected thoracolumbar spine disability is rated at 40 percent, encompassing both lower extremity radiculopathy. The appeal for higher ratings or TDIU remains pending.

The Board has determined that the Veteran's kidney disorder and back pain are service-connected, with no indication of aggravation during service.

The Board denied service connection for low back and right knee disabilities, as well as the reopening of claims for left knee and ventral hernia. The Veteran's current conditions are not found to be related to his military service.

The Board found no evidence linking the Veteran's current degenerative changes of the lumbar spine to his military service or any service-connected disability. The claim was denied.

The Veteran's appeal is being remanded for further development, including VA examinations to assess the severity of his PTSD and lumbar spine disability. The Veteran is seeking higher ratings effective from the date service connection was granted.

The Veteran's low back strain with degenerative joint disease was rated at 10 percent prior to April 22, 2009 and at 20 percent from that date. The appeal is granted.

The Veteran's appeals for service connection for PTSD, and initial ratings for depressive disorder, low back disability, and right foot/ankle disability have been withdrawn. The claims are dismissed.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and chronic lumbosacral strain as secondary to his service-connected right knee disability. The only competent opinion addressing these issues is against the Veteran.

The Board denied the Veteran's claims for service connection for ankylosing spondylitis of the thoracolumbar spine and a higher initial rating for residuals of a cerebrovascular accident (stroke). The evidence did not support a finding that these conditions were related to military service or any service-connected condition.

The Veteran's claim for an effective date prior to December 16, 2004 for service connection was granted. The initial rating of 40 percent for degenerative disc disease of the lumbar spine from October 31, 2006 is maintained.

The Board has granted service connection for a low back disability and assigned a 10 percent evaluation. The Veteran's gastrointestinal disorder, including gastroesophageal reflux disease (GERD) and hiatal hernia, as well as his bowel disorder, are not currently service connected. Service connection for CRPS of the right leg was also granted with an initial evaluation of 40 percent.

The Board finds that the Veteran does not have a current diagnosis of a low back disability related to his military service, including as a result of mad cow disease. Therefore, service connection for a low back disability is denied.

The Veteran's cervical and thoracolumbar spine injury sustained during a VA medical appointment in August 2008 is considered an additional disability due to carelessness, negligence or lack of proper skill on the part of VA. The claim for compensation under U.S.C. §1151 is granted.

The Board has denied the Veteran's claims for service connection for chronic kidney disease and a back condition, as well as his claim for increased rating for PTSD. The Board found no evidence of a relationship between these conditions and his active military service.

The Board denied the Veteran's claims for service connection for a personality disorder, a back disability, and asthma. The claim for service connection for a psychiatric disability was remanded.

The Veteran's appeal is being remanded to obtain a comprehensive medical opinion addressing his employability due to service-connected disabilities and whether he is unable to secure and maintain substantially gainful employment.

The Board has remanded the case due to issues regarding the Veteran's service connection claim for a low back disability, specifically concerning whether there is clear and unmistakable evidence that the condition was not aggravated during service.