Back / lumbar spine decisions — 2010

The Veteran's claims for higher ratings and earlier effective dates were denied. The RO granted service connection and initial noncompensable ratings for right knee chondromalacia, bilateral plantar fasciitis, and lumbar degenerative joint disease.

The Veteran's appeal is remanded for further development, including a VA examination and the provision of additional treatment records.

The Board has remanded the case for additional development due to inadequate medical examinations in prior decisions.

The Veteran's lumbar spine disability, characterized by degenerative disc disease and radiculopathy, is currently rated at 20 percent. The Board found that the evidence did not support a higher rating.

The Veteran's current chronic spinal sprain is not related to service or a service-connected disability, and the Board denied his claim for service connection.

The Board denied the Veteran's claim for service connection for degenerative disc disease at L4-5 and L5-S1, finding that his current back disability was not caused or aggravated by events during military service.

The Board denied service connection for right hip and low back disorders, finding no evidence linking these conditions to the Veteran's service-connected right knee disability. The rating for his right knee disability was granted at a 20% level.

The Veteran's claims for increased ratings for his service-connected disabilities were denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Veteran is seeking service connection for a low back disability. The Board finds that further development, including medical examination and compliance with VCAA requirements, is necessary before the issue can be decided.

The Board has determined that the Veteran's current low back disability is not related to his active service and cannot be presumed to have been incurred in service. The preponderance of evidence supports a finding that the Veteran's degenerative arthritis developed over time, unrelated to his period of active duty.

The Veteran's post-operative lumbar spine degenerative disc disease was granted a 20 percent evaluation effective November 10, 2008.

The Veteran's appeal includes two issues: a request for an initial higher evaluation for his service-connected lumbar spine disability and a request for an initial compensable evaluation for his service-connected bunion of the left great toe. The Board has determined that additional development is needed, including scheduling VA examinations to assess the current severity of these conditions.

The Veteran's low back strain is currently rated at 40 percent, the maximum rating available. The evidence does not support a higher evaluation as there is no unfavorable ankylosis of the spine.

The Board has remanded the case due to incomplete records and the need for additional examinations. The Veteran's claims for service connection are pending.

The Veteran's claim for an initial evaluation in excess of 40 percent for degenerative disc disease of the lumbar spine at L5-S1, with stenosis was denied. The RO assigned a 40% rating effective from July 7, 2004.

The appellant seeks nonservice-connected pension benefits due to unemployability caused by various medical conditions. The case is remanded for further examination and rating of his disabilities.

The Board has determined that the appellant does not have a service-connected scoliosis of the thoracic spine, a psychiatric disorder including depression, or residuals of a xiphoidectomy. The low back disability, neck disability, respiratory disorder, headache disorder, and bilateral shoulder disability are also denied as not being related to her active service. Tinnitus is also denied.

The Veteran's claim for special monthly compensation was denied as he does not meet the criteria for need of regular aid and attendance or housebound status.

The Board denied the Veteran's claims for a higher rating for his lumbar strain and bilateral hearing loss, as well as TDIU. The Veteran's service-connected low back disability is currently rated at 20 percent, while his bilateral hearing loss is noncompensable.

The Board has determined that the Veteran's low back disability is related to service and grants service connection for this condition.