Back / lumbar spine decisions — 2010

The Veteran's claim for a higher rating for his low back disability was denied. The evidence did not show ankylosis or 'pronounced' intervertebral disc syndrome, and the combined range of motion did not meet the criteria for a higher rating under the amended spine and disc regulations.

The Veteran's service-connected post-operative herniated nucleus pulposus, right at LS-S1, is rated at 20 percent. A separate evaluation of 10 percent for lumbosacral neuropathy has also been granted.

The Veteran's cervical spine disability has been granted a rating of 40 percent effective June 19, 2009. The lumbar and thoracic spine disability remains in the process of being reopened.

The Board denied the Veteran's claim for an earlier effective date for a TDIU rating, finding that the increase in disability did not occur within one year prior to his February 15, 2005 application. The effective date is set at February 15, 2005.

The Board found no evidence of a back injury during service and the VA examiner opined that the current low back strain is not related to service. The Veteran's testimony regarding continuity of symptoms since service was considered, but did not establish a link between his current condition and service.

The Board has determined that the Veteran was unemployable due to his service-connected low back disability from February 2, 1983, but not earlier.

The Veteran's low back disability was initially rated as 10 percent disabling prior to July 30, 2009. From that date, the disability has been rated at 20 percent.

The Board has determined that the Veteran's pre-existing spinal canal stenosis was aggravated by service, resulting in a low back disorder. Service connection is granted for this condition.

The Veteran's service-connected residuals of a left foot injury are not manifested by symptoms that approximate a moderate foot injury. The Board finds that the disability picture does not warrant a compensable rating for this condition.

The Veteran's combined rating for all service-connected disabilities is 60 percent, which does not meet the criteria for a TDIU. The Board finds that the Veteran is currently employed as a full-time computer technician and is not unemployable due to his service-connected disabilities.

The Veteran's service-connected recurrent low back pain with degenerative changes is not manifested by a limitation of forward thoracolumbar flexion to 30 degrees or less, or by favorable ankylosis of the entire thoracolumbar spine. Therefore, his claim for a higher rating was denied.

The Veteran's claim for an increased rating for his service-connected low back disorder was denied as the disability does not meet the criteria for a higher rating.

The Board has denied the Veteran's claims for service connection for a low back disorder and a left knee disorder due to lack of evidence linking these conditions to service.

The Board has granted service connection for degenerative disc disease of the lumbar spine, finding that it is at least as likely as not related to in-service low back pain. The issue of service connection for residuals of rib injury was withdrawn by the Veteran.

The Board has granted service connection for chronic low back pain with degenerative disc disease and migraine headaches. The cervical spine claim is remanded for further examination.

The Veteran's claims for service connection are being remanded due to the need to verify her periods of active duty and inactive duty for training, obtain medical opinions regarding the etiology of her right shoulder, elbow, and back disorders, and consider her claim under the provisions of 38 U.S.C.A. § 1117 (West 2002 & Supp. 2009) concerning undiagnosed illnesses.

The Veteran's claims for increased ratings for his service-connected low back disability and bilateral sensorineural hearing loss are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Veteran's service-connected lumbar spine degenerative disc disease, valvular heart disease, right hand CTS, and bilateral plantar fasciitis with heel spur and pes planus have been granted initial ratings. The lumbar spine disability is rated at 40 percent.

The Board has remanded the case due to inadequate medical opinions regarding service connection for low back, bilateral shoulder, and left knee disorders. The Veteran's claims are also remanded for proper VCAA notice.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is likely related to his active military service and grants service connection for this condition.