Back / lumbar spine decisions — 2010

The Board has determined that the Veteran is unemployable due to her service-connected disabilities, and therefore grants a total disability rating based upon individual unemployability (TDIU).

The VA denied the claims for increased ratings for right and left knee disabilities, finding that the evidence did not support a higher rating based on current functional impairment.

The Board has remanded the Veteran's claims for further development due to incomplete records from Fort Bliss and Fort Lewis.

The Board denied service connection for low back disability, loss of teeth, and residuals of injury to the hip and stomach muscles due to a lack of evidence showing a current disability or a link between these conditions and military service.

The Board has remanded the case for additional development of the record, including obtaining medical records and scheduling a VA examination.

The Board has denied the Veteran's claims for service connection for a low back disorder and right wrist disorder (originally claimed as carpal tunnel syndrome of the right wrist) due to lack of competent evidence showing current disabilities or a nexus to military service.

The Board has granted service connection for degenerative disc disease of the cervical and lumbar spine, finding that the Veteran's current symptoms are related to her active military service.

The Veteran's claims of service connection for a back condition and asbestosis are being remanded due to the need for VCAA compliance, clarification of medical records, and further examination.

The Veteran's back and neck disabilities are found to have begun during her military service, granting service connection for these conditions.

The Veteran's claims for increased evaluations of his service-connected low back and bilateral knee disabilities were denied by the Board. The evidence did not show flexion of the lumbar spine to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes due to the service-connected low back disability. Range of motion for both knees was no worse than from 0 to 95 degrees.

The Veteran's cervical spine disability is currently rated at 20 percent, effective the date of his increased disability rating claim. Separate ratings for incomplete paralysis of the left and right upper radicular groups are also granted.

The Board denied the appellant's claims for service connection for bilateral hearing loss, tinnitus, and a back disorder. The appeals were based on his contention that these conditions are related to his military service.

The Board denied the Veteran's claims for service connection for right leg disability, left leg disability, and low back disability. The RO previously granted service connection for chondromalacia patella of the knees but did not assign a higher rating.

The Veteran's claims for increased ratings and service connection were denied. The back disability was rated at 40 percent, and the left lower extremity radiculopathy was rated at 10 percent.

The Veteran's low back disability results in pain and spasm, but it does not result in flexion to fewer than 85 degrees, combined range of motion totaling fewer than 235 degrees, guarding, abnormal spinal contour or gait, or neurological deficit. The Board finds that a rating of 10 percent is warranted for the entire appellate period based on the Veteran's history of recurrent back spasms.

The Veteran's claim for a higher rating for his low back disability was denied, and the claim for service connection for malaria was also denied. The Board found that there was no evidence of incapacitating episodes or additional functional loss due to pain. The Veteran's current symptoms did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied the Veteran's claims of service connection for a bilateral foot condition, low back condition, and bilateral hearing loss. The Board found that pes planus was not aggravated by active service, arthritis did not have onset during service or within one year after separation, and there is no current evidence of bilateral hearing loss.

The Board found no chronic low back symptoms in service and no continuous symptoms after service separation, thus denying the Veteran's claim for service connection of a low back disorder.

The Board found that the Veteran's degenerative disease of the lumbar spine was not incurred in or aggravated by service and could not be presumed to have been incurred therein. The claim for service connection was denied.

The Veteran's claims for increased ratings for his service-connected lumbar disc disease, sciatica of the right lower extremity, and sciatica of the left lower extremity are being remanded due to the need for additional VA examinations.