Back / lumbar spine decisions — 2010

The Board found no evidence of a chronic low back disability during service and concluded that the Veteran's current low back disability is not related to any incident of service, including his reported 1964 injury. As such, service connection for low back disability was denied.

The Veteran's claim for TDIU was denied as she did not meet the criteria for a TDIU rating due to her service-connected disabilities, and there is no evidence of unemployability prior to December 2, 2004.

The Board has determined that the Veteran's low back disability was manifested by chronic pain, with flare-ups and exacerbations, but no more than complaints of limitation of lumbar motion. The effective date for a 40 percent rating is set at November 29, 2004.

The Board found that the Veteran's low back disorder and left leg nerve disorder were not incurred in or aggravated by service, nor are they related to his service-connected patellofemoral pain disorder of the left knee. Therefore, service connection for these conditions was denied.

The Veteran's claims for service connection are being remanded due to the need for additional medical examination and development of his claims.

The Veteran's claim for an increased disability rating for low back strain is being remanded due to the need for additional development, including obtaining VA and private treatment records, a new VA spine examination, and assessing the impact of his service-connected disabilities on his ability to secure or follow substantially gainful employment.

The Veteran's PTSD is found to be etiologically related to a verified in-service stressor, the forklift accident. Service connection for PTSD is granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess his lumbosacral spine, left knee arthritis, and left knee instability.

The Veteran's claim for a TDIU rating due to service-connected disabilities, including low back disability and radiculopathy of the bilateral lower extremities, is being remanded for additional development.

The Veteran's claims for service connection were denied, but the March 1971 rating decision is not considered to be clearly and unmistakably erroneous. The case was remanded for further development.

The Veteran's service-connected right knee disability, including the peroneal neuropathy component, is currently rated at 40 percent. The claim for increased rating remains granted.

The Board found that the Veteran's left, right knee disabilities and low back disability were not incurred in or aggravated by her active service. The claims for these conditions are therefore denied.

The Veteran's claim for an increased rating for his service-connected cervical spine condition was denied. The RO assigned a temporary evaluation of 100 percent for convalescence in two periods (June 2, 2004 to August 31, 2004 and November 3, 2004 to December 31, 2004). Effective September 21, 2009, the evaluation was increased to 30 percent.

The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 was denied because the VA medical treatment in 2005 did not result in additional disability attributable to carelessness, negligence, lack of proper skill, error in judgment or some other incident or fault on the part of the VA.

The Veteran's claimed back disability is not related to service, and arthritis of the back cannot be presumed to have been incurred within one year following separation from active duty.

The Veteran was granted service connection for radiculopathy of the right and left lower extremities with an effective date of December 2, 2008.,An increased rating for arthritis of the lumbar spine was granted by the RO in December 2008.

The Veteran's bilateral hearing loss was found to be aggravated during service, and his congenital lumbar spine disorder with sacralization of L-5 was presumed to have existed prior to service. However, the thoracic and lumbar spine disorder is not considered to be related to service or any incident therein.

The Veteran's claims for service connection were denied as there is no evidence of a current disability, or any link to his military service.

The Veteran's spondylotic changes of the lumbar spine were not incurred or aggravated by service, nor can it be presumed.,There is no evidence of a frostbite injury of the left and right lower extremities during service. The Veteran's current condition does not appear to be related to his military service.,The Veteran's peripheral neuropathy was not caused or permanently worsened by any service-connected disability.

The Veteran's claim for PTSD and back condition service connection has been denied. The Board found that the evidence did not establish a link between the claimed conditions and active service.