Back / lumbar spine decisions — 2010

The Veteran's service-connected lumbar spine disability is currently manifested by pain and slight limitation of motion, while his headaches are characterized by prostrating attacks averaging one to two times a month. The RO denied higher initial ratings for both conditions.

The Board has remanded the case due to new evidence submitted by the Veteran, and a supplemental statement of the case must be issued.

The Veteran's service-connected strain, degenerative disc disease, and degenerative joint disease of the lumbar spine were not manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, combined range of motion of thoracolumbar spine not greater than 120 degrees, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. Therefore, the Veteran is not entitled to a higher evaluation.

The Board has not yet determined the outcome of this appeal as it is still in the process of reviewing new evidence submitted by the Veteran.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting examinations to assess the severity of his service-connected disabilities and determine whether any claimed conditions are related to service.

The Veteran's claim for higher evaluations for L5 lumbar spondylosis was denied. The current evaluation of 20 percent is maintained.

The Board has determined that the Veteran's low back disability is related to his period of active service and granted service connection for this condition, effective from the date of death.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board denied his claims for increased rating, DEA, and TDIU.

The Veteran's claims for service connection were denied across multiple conditions, including psychiatric disorder, recurrent upper gastrointestinal bleeding, hypertension, post-concussion syndrome, bronchitis, transitional lumbar vertebra, neck strain, and seizure disorder. The appeals are based on direct service connection rather than presumptive or secondary theories.

The Board has determined that the Veteran's low back disorder is service-connected, as it was incurred during his active military service.

The Veteran is entitled to housebound benefits due to his nonservice-connected disabilities, which combine for a rating of 70 percent. He also meets the age requirement (over 65 years old) and has served during a period of war (Korean Conflict).

The Veteran's claims for service connection for a psychiatric disability, diabetes mellitus, and low back disability were denied. The appeal is not about service connection at all due to the 'unknown' status of the appeal.

The Veteran's claims for increased ratings for traumatic arthritis of the lumbosacral spine and residuals of right femur fracture were denied. The Veteran was currently rated at 40 percent for his lumbosacral spine condition, which is the maximum schedular rating available under VA regulations.

The Veteran is seeking service connection for a back disorder, which he claims was caused by lifting heavy mail sacks during his military service. The Board has decided to remand the case for further development and an examination.

The Veteran's claim for service connection for a low back disability is denied because there is no evidence of a chronic condition during or after service. The Veteran's claim for nonservice-connected VA pension benefits is also denied as he did not serve during a designated period of war.

The Board has denied the Veteran's claims for service connection for a left shoulder disorder and low back disorder, finding that new and material evidence was not submitted to reopen these previously denied claims.

The Board has granted service connection for the Veteran's low back disability, finding that it was incurred in service. The claims for bilateral knee disabilities are remanded to obtain a medical opinion regarding whether they are secondary to the low back disability.

The Board has determined that the Veteran's neck and bilateral arm pain condition is not service-connected, as it was not incurred during service or due to his service-connected low back strain. The claim for increased rating of left lower extremity radiculopathy secondary to service-connected low back strain is also denied.

The Veteran's current low back disability and neurologic bilateral leg disability are not service-connected. The Board finds that the evidence does not support a finding of service connection for these conditions.