Back / lumbar spine decisions — 2010

The Veteran's claims for increased ratings for his service-connected right and left shoulder disabilities, as well as a compensable rating for atopic rhinosinusitis, were denied. Service connection for the claimed skin disability was also not granted.

The VA denied an increased rating for the appellant's low back disability, currently rated at 20 percent.

The Veteran's right lower extremity radiculopathy is found to be related to his service-connected lumbar strain. His claim for an increased evaluation for lumbosacral strain remains unresolved.

The Veteran seeks service connection for degenerative disc disease of the cervical spine, which he claims is related to his service-connected Osgood-Schlatter's disease of the right knee. The Board has determined that a remand is necessary as the claim must be reconsidered on a secondary basis and additional development is required.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the etiology of the Veteran's claimed disabilities. The issues include service connection for flat feet, jungle rot of the feet, bilateral knee disability, and back disability.

The Veteran's peripheral neuropathy of the bilateral lower extremities is proximately caused by his service-connected DM, Type II. Service connection for a low back disorder and increased evaluations for hammer toes are granted.

The Veteran's service-connected lumbar myositis is currently evaluated at 40 percent, and the Board finds that this evaluation adequately compensates for his disability.

The Board has remanded the case for additional development, including obtaining medical records and readjudicating the claim.

The Veteran's claim for a disability rating in excess of 20 percent for service-connected lumbosacral strain was denied. The current rating is 20 percent, and no effective date has been assigned.

The Board denied service connection for a low back disorder and did not address the other issues as they were not about service connection at all.

The Board has remanded the case for further development, including obtaining VA medical records from Allentown VAMC.

The Board found that the Veteran's current back disorder is not related to his service, and denied his claim for service connection.

The Veteran's bilateral weak feet are currently rated at 30 percent, which is the maximum schedular rating available. The Board finds that his symptoms most closely approximate those under DC 5284.

The Veteran's thoracic strain and lumbosacral degenerative disc disease are currently rated at 10 percent, but do not meet the criteria for a higher rating based on limitation of motion or neurological involvement.

The Veteran's low back strain with degenerative changes and degenerative disc disease is currently rated as 10 percent disabling effective February 25, 2003.,A separate 10 percent rating for bilateral radiculopathy of the lower extremities is also in effect since February 25, 2003.

The Board has remanded the Veteran's claims for increased ratings due to additional evidence received and need for further examination.

The Veteran's claim for restoration of a 40 percent rating for degenerative disc disease status-post L4-L5 fusion is granted, effective from June 1, 2007. The case is now REMANDED to schedule the Veteran for a VA examination to assess his current level of disability.

The Board has reopened the claim for service connection for a back disorder due to new and material evidence. However, it is not established that the Veteran's current back disorder or peripheral neuropathy of the bilateral lower extremities are related to his military service.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine with left lower extremity radiculitis is being remanded due to the need for additional VA examinations and consideration of new evidence.

The Veteran's claim for higher ratings for cervical and lumbar spine disabilities was granted, with the cervical spine receiving a 20 percent rating effective June 1, 2007.