Back / lumbar spine decisions — 2010

The Board has determined that the Veteran's cervical and lumbar spine disorders are not related to his active military service, and thus denied the claims for service connection.

The Veteran's claim for service connection for a low back disability on a direct basis was denied. The claims for increased ratings for anxiety reaction, left knee arthritis, and left knee instability were also denied.

The Veteran's low back disorder was incurred in service and the Board grants service connection for herniated disc L5-S1, spondylolisthesis with loss of lordosis (also claimed as osteoarthritis, degenerative joint disease of the lumbar spine and spondylosis of the lumbar spine).

The Veteran's service-connected L1 posttraumatic degenerative joint disease, thoracolumbar strain is currently rated at 20 percent and the Board finds that this rating adequately reflects his current disability level.

The Board denied the Veteran's claims of service connection for prostate disorder and low back disorder, finding that there was no evidence linking these conditions to his military service.

The Veteran's degenerative disc disease of the lumbar spine does not meet the criteria for a higher evaluation, as it does not result in forward flexion of the thoracolumbar spine less than 30 degrees or with unfavorable ankylosis.

The Veteran is unable to secure and follow substantially gainful employment as a result of his service-connected disabilities, including low back disability, right knee disability, left knee disability, hypertension, right wrist disability, and left ankle disability. The Board finds that the evidence supports a TDIU on an extraschedular basis.

The Veteran's claims for increased ratings are being remanded to allow for additional development of his medical records and a new VA examination.

The Board has decided to remand the case for further development, including obtaining a VA examination and attempting to obtain SSA disability records. The Veteran will also be scheduled for a hearing of his choice.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a back disability, including chronic residual disability of lumbar myositis and a ruptured low back disc. The claim was previously denied in August 1989 due to lack of evidence linking these conditions to service.

The Board finds that the appellant was unemployable due to his service-connected lumbar spine disability as of January 23, 2006 and grants an effective date for TDIU based on this determination.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the current orthopedic and neurological manifestations of his low back disability.

The Board found that the Veteran's death was not due to a service-connected disability or his active service, and denied the claim for service connection for the cause of death.

The Veteran's degenerative disc disease of the lower back has been rated at 10 percent, which is the maximum schedular rating available. The evidence does not support a higher rating as there are no findings indicating ankylosis or incapacitating episodes that would warrant a higher evaluation.

The Board has granted service connection for tinnitus and found that the Veteran's tinnitus is related to his active military service. The claim for an initial rating in excess of 10 percent for degenerative disc disease of the lumbar spine is remanded due to lack of recent VA medical records.

The Board has remanded the case for additional development of evidence, including a VA examination to determine if any current back or skin conditions are related to service.

The Board denied the Veteran's claims for service connection for Posttraumatic Stress Disorder, bilateral hearing loss, a low back disorder secondary to left knee degenerative joint disease, and arthritis of the right knee secondary to left knee degenerative joint disease. The evidence did not support these claims as they were determined to be either not incurred or aggravated in service.

The Board has remanded the case due to insufficient consideration of whether a VA examination was warranted and because the unavailability of some service treatment records may have affected the decision. The Veteran is also required to be scheduled for an appropriate VA examination to determine if they have a back disability related to service.

The Veteran's service-connected PTSD and other disabilities have combined to meet the criteria for a total disability rating based on individual unemployability.

The Board found no current low back disorder and concluded that the Veteran's subjective complaints of pain do not constitute a disability for which service connection may be granted. The preponderance of evidence does not support direct service connection.