Back / lumbar spine decisions — 2010

The Veteran's claims for service connection for a prostate and foot disabilities have been reopened.,Service connection for a lumbar spine disability was denied as the evidence does not establish a nexus to active duty service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims of service connection for an acquired psychiatric disorder, chondromalacia of the knees, and a low back condition. The claims are now considered substantiated.

The Veteran's low back disability is rated at 20 percent, his left knee disability remains at 10 percent, and his skin disorder prior to February 4, 2008, is rated at 30 percent.

The Board denied the Veteran's claims for increased ratings for his service-connected dysthymic disorder, spina bifida occulta with discogenic low back pain and lumbosacral strain, and irritable bowel syndrome. The TDIU claim was also denied.

The Veteran's lumbosacral strain with degenerative disc disease has been rated at 20 percent, and the Board finds that a higher rating of 40 percent is warranted based on the functional equivalent of flexion to 10 degrees.

The Veteran's lumbar spine disability has been manifested by x-ray evidence of degenerative joint disease, painful motion and limitation of motion. The Board found that the current evaluation of 20 percent is appropriate given the Veteran's retained mobility in his thoracolumbar spine.

The Board dismissed the Veteran's appeals on the issues of initial increased evaluations for headaches and chronic thoracolumbar strain with degenerative disc disease due to her withdrawal at a hearing. The right knee disability was granted service connection, but no higher evaluation is warranted.

The Veteran seeks service connection for a chronic low back disorder based on treatment during service. The Board finds that further development is necessary to determine the nature and etiology of his current low back condition, including obtaining medical records from college and post-service providers.

The Veteran's claim for an earlier effective date for TDIU benefits was denied as there is no evidence of unemployability prior to December 13, 2007. The RO found that the Veteran did not meet the schedular criteria for a TDIU before this date.

The Veteran has withdrawn his appeal for all issues, including service connection and TDIU.

The Veteran's claims for increased ratings and service connection were denied. The appeal is not about service connection at all.

The Board denied the Veteran's claims for service connection for a psychiatric disorder, fibromyalgia, and a lumbar spine disorder. The evidence received since the last denial was not new and material to reopen any of these claims.

The Board has determined that the Veteran's low back disability originated during his period of active service and granted service connection for this condition.

The Veteran's claim for a disability rating in excess of 40 percent for discogenic disease of the lumbosacral spine was denied. The claims to reopen service connection for depression and tendonitis of the left shoulder were also denied, as well as the claim for sleep apnea.

The Veteran seeks service connection for a back disability, which he claims is related to an in-service injury. The Board has remanded the case for further development including obtaining medical records and scheduling a VA examination.

The Board found that the Veteran's lumbar spine degenerative disc disease and arthritis were not incurred in or aggravated by his active duty military service, nor may arthritis be presumed to have been incurred in or aggravated by such service.

The Board found no evidence of a back injury or lumbar puncture during service, and the Veteran's current degenerative disc disease is not linked to his military service. The claim for service connection was denied.

The Veteran's combined disability rating is 90 percent, and he does not meet the criteria for SMC based on need for aid and attendance or being housebound due to his physical disabilities. He also does not qualify for specially adapted housing benefits.

The Board denied service connection for low back and right wrist disabilities, finding that the character of discharge from active duty in 1988-1991 was a bar to VA benefits.

The Board has ordered a remand due to the need for additional development, including a VA examination.