Back / lumbar spine decisions — 2010

The Board denied the Veteran's claim for service connection, finding that his congenital defects of the spine were not incurred or aggravated by service.

The Veteran's service-connected lumbosacral spine disability rendered him unable to secure and follow a substantially gainful occupation from September 20, 1989 until September 17, 1993. The Board has granted TDIU effective as of September 18, 1993.

The Veteran's claim for higher evaluations for arthritis of the lumbar spine was denied. The initial evaluation prior to March 29, 2006, did not meet the criteria for an increased rating. From March 29, 2006, the criteria also did not meet for a rating in excess of 40 percent.

The Board has determined that the Veteran's lumbar spine, left shoulder, and right hip disorders are not service-connected as they do not have a direct link to his active duty service.

The Veteran's GERD and upper back disability were not found to be related to his service, leading to a denial of both claims.

The Board has determined that the Veteran's claim for service connection for a chronic back disability, claimed as residuals of a back injury, should be remanded to obtain an addendum to the September 2009 VA examiner's opinion addressing the likelihood of a relationship between the Veteran's in-service injuries and his current back disability.

The Board has determined that the appellant does not have a current disability of any claimed conditions related to service. Therefore, service connection for these conditions is denied.

The Veteran's appeal for an increased rating for residuals of a right total knee replacement is granted, with the effective date being January 1, 2006.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and low back pain with history of sciatica, finding no new and material evidence to reopen the latter claim. The decision also concluded that there was no nexus between the current hearing loss or back disorder and service.

The Veteran's claim for an earlier effective date for a 60 percent rating for his lumbar spine disability was denied as the October 1998 decision assigning that effective date is final and no timely appeal to that decision was received.

The Veteran's low back disability did not meet the criteria for an evaluation in excess of 40 percent, as his symptoms were consistent with a 40 percent rating prior to September 26, 2003. The Board found that he did not have incapacitating episodes or unfavorable ankylosis.

The Board granted a 30 percent rating for the Veteran's left knee disability effective August 22, 2006. The Veteran's bilateral pes planus was not rated higher.

The Veteran's appeal involves multiple service connection claims for various disabilities, and the case is being remanded to obtain additional VA treatment records and SSA disability benefits information.

The Veteran's claim for a TDIU is being remanded due to the need for an extraschedular evaluation based on his service-connected lumbar spine disability.

The Board has reopened the Veteran's claims for service connection for chondromalacia of the right knee, chondromalacia of the left knee, and degenerative joint disease of the lumbar spine. The claims are granted as these conditions were incurred in or aggravated by active service.

The Veteran's service-connected lumbar spine disability is rated at 40 percent effective March 9, 2007.,The Veteran also seeks TDIU based on his service-connected lumbar spine disability.

The Board denied the Veteran's claims of service connection for bilateral knee disability, residuals of cold injury to the hands, and back disability. The dental condition claim was not addressed as it did not meet the criteria.

The Board denied the Veteran's claim for service connection for a back disorder, finding that new and material evidence had been submitted but not sufficient to reopen the claim on its merits.

The Veteran's degenerative joint disease of the lumbosacral spine, with spinal stenosis, is rated at 60 percent and his TDIU claim is granted.

The Board has granted service connection for a lower back disability and denied the Veteran's claims regarding other issues, including reopening of his skin condition claim and increased ratings for PTSD and diabetes mellitus.