Back / lumbar spine decisions — 2010

The Veteran's appeal is being remanded due to a scheduling issue for his Travel Board hearing. His claims for increased ratings for left knee disability and degenerative disc disease of the low back remain pending.

The Board has reopened the claim of entitlement to service connection for a low back disability and granted it as secondary to the Veteran's service-connected asthma. An effective date earlier than October 2, 2007, for the assignment of a rating of 60 percent for asthma is denied.

The Veteran's claims for increased ratings for DJD of the lumbar spine and spondylolisthesis and DJD of the cervical spine were denied as there is no evidence showing forward flexion of 30 degrees or less, favorable ankylosis of the entire thoracolumbar or cervical spine, or incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran's service-connected disabilities prevent him from obtaining or maintaining gainful employment, and a VA examination is needed to determine the current severity of his conditions.

The Board has determined that the Veteran does not have a current upper back disability or cold injury to the feet. The left knee disability is currently diagnosed as early osteoarthritis and was found to be related to service, but the claim for this issue is granted.

The Veteran is granted service connection for a psychiatric disorder, to include PTSD. The Board finds that the Veteran's current psychiatric symptoms are related to his military service and grants this claim.

The Veteran's PTSD is manifested by anxiety, sleep disturbance, hypervigilance, intrusive thoughts and irritability. The Board has determined that the criteria for a rating of 30 percent have been met.

The Veteran's service-connected lumbar spine disability has worsened to the extent that it prevents him from performing his current occupation, and he is granted reentrance into a vocational rehabilitation services program.

The Board is remanding the case to determine if new and material evidence has been submitted to reopen a claim for service connection of low back disability. If so, the Board will then decide whether this claim should be granted.

The Board has remanded the case for a VA medical addendum to determine if the Veteran's service-connected bilateral knee disabilities aggravated his low back disorder. The claim is now pending and will be readjudicated based on this new evidence.

The Board denied the Veteran's claims for an initial rating in excess of 20 percent for his lumbar spine disability and denied entitlement to a TDIU.

The Veteran's appeal of service connection for a low back disorder has been remanded due to the failure to appear at his scheduled Travel Board hearing. The case will be returned to the RO for further action.

The Board has remanded the case for additional development due to issues related to service connection for degenerative disc disease of the lumbar spine.

The Veteran's initial disability ratings for his service-connected lumbosacral strain with marked degenerative disc disease at L5 to S1 were denied prior to January 30, 2002 and as of January 30, 2002. The current rating is 20 percent.

The Veteran is entitled to nonservice-connected pension benefits due to a permanent and total disability from his lung disorder, which limits him to sedentary or moderately physical positions.

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

The Board has reopened the Veteran's claims for service connection for right knee and low back disorders based on new evidence provided by a private physician. The case is now remanded to provide appropriate VA examinations and opinions.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected lumbosacral strain.

The Board has determined that the Veteran's service-connected lumbar and dorsal spine disabilities do not warrant a higher disability rating based on the current evidence of record. The RO's decision to deny increased ratings for these conditions is upheld.

The Veteran's appeals for higher initial ratings for his service-connected right shoulder disability and associated scar, as well as for an initial compensable rating for his service-connected right inguinal hernia repair, were dismissed due to the Veteran's request to withdraw these issues. The issue of service connection for a back disorder was also addressed but is being remanded.