Back / lumbar spine decisions — 2010

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA medical records and scheduling examinations.

The Board has denied the Veteran's claims for service connection for various conditions, including neck injury, heat exposure, thoracolumbar spine disability, left ankle disability, skin condition, tinnitus, PTSD, gastrointestinal disorder, erectile dysfunction, fibromyalgia, and sleep disorder. The evidence does not support a finding that any of these conditions are related to service.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was granted effective November 17, 2006. The Board finds that the evidence did not establish he was unemployable prior to this date.

The Veteran's claim for an increased rating for residuals of a fracture of the first lumbar vertebrae with pelvic pain was granted, and he is currently rated at 40 percent.

The Board denied the Veteran's claims for service connection for various conditions, finding that the evidence did not support a link between these conditions and his military service.

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of the evidence.

The Board found that the Veteran's neck and back disorders did not have onset during his active service, were not related to his service, and denied his claims for service connection.

The Board denied the Veteran's claims for increased ratings for hypertension and lumbosacral strain, as well as his request for an earlier effective date for service connection for radiculopathy of the lower extremities.

The Board finds in favor of the Veteran, finding that there is at least equipoise evidence supporting a finding that his service-connected left knee disability has aggravated his current low back disorder. As such, the claim for secondary service connection is granted.

The Board found that the Veteran's current minimal degenerative changes of the lumbar spine are not related to service and denied his claim for service connection.

The Board has determined that the Veteran's left ankle disability is related to her service, and thus granted service connection for this condition. The cervical spine disability was not shown to be related to service.

The Board granted the Veteran's claims for service connection for mechanical low back pain, instability of the right knee, and instability of the left knee. The effective dates for these grants are set at November 18, 1997.

The Veteran withdrew her appeal for an increased evaluation of her service-connected degenerative disc disease of the lumbar spine, currently rated at 40 percent.

The Board found no evidence of a current disability related to the Veteran's claimed conditions and denied all service connection claims.

The Veteran's service-connected cephalgia, tension type headaches are currently rated at 50 percent and the claim for an initial evaluation in excess of 10 percent is granted.

The Veteran's appeal was dismissed due to his withdrawal of the appeals for left ankle sprain with instability and mechanical low back pain. The claim for increased evaluation for migraine headaches is denied as they do not meet the criteria for a higher rating, but are currently rated at 30 percent. The claim for an initial evaluation in excess of 70 percent for PTSD remains pending.

The VA determined that the appellant's low back disability, which has been rated at 40 percent since 1975, does not warrant a higher evaluation as it does not meet the criteria for an increased rating under the applicable diagnostic codes.

The Board found that the evidence received since the December 2002 denial is not new and material, thus denying the Veteran's request to reopen his claim for service connection for lumbosacral strain.

The Veteran's service-connected chronic lumbosacral strain is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Veteran's cervical spine, lumbar spine, right shoulder, and right carpal tunnel syndrome disabilities have been granted increased initial evaluations. The TDIU claim is pending.