Back / lumbar spine decisions — 2010

The Veteran's sleep disturbance is not considered due to undiagnosed illness or other qualifying chronic disability, and the primary causes are attributed to depression and low back disability. The claim for service connection is denied.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a back disability involving the cervical and lumbosacral spine. However, the evidence does not support a finding of service connection due to lack of a link between the current disability and military service.

The Board found that the Veteran's current low back disability did not originate in service and denied his claim for service connection.

The Veteran is not entitled to an effective date prior to January 14, 2004 for a 20 percent disability rating for his low back strain.

The Board found that the appellant does not have a current low back disability incurred in or aggravated by service, and arthritis of the lumbar spine may not be presumed to have been incurred or aggravated therein.

The Board has denied the Veteran's claim for service connection for low back, bilateral hips, bilateral knees, legs, and ankles as there is no competent medical evidence showing a nexus between these conditions and active service.

The Veteran's degenerative disc disease at L4-5, L5-S1 is not manifested by forward flexion of the thoracolumbar spine 30 degrees or less, any favorable ankylosis of the entire thoracolumbar spine, or intervertebral disc syndrome having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months. Therefore, his claim for a rating in excess of 20 percent is denied.

The Veteran's PTSD, lumbar spine disability, and nerve damage to the right leg are all rated based on their direct service connection. The initial ratings for PTSD (70%) and lumbar spine disability (20%) have been granted.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine with a history of myositis and associated sciatica was granted, with a final effective date of December 6, 2006. The Veteran is now rated at 40 percent for his low back disability.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and consideration of a claim for total disability based on individual unemployability (TDIU).

The Board has decided that the Veteran's claim of entitlement to service connection for a back condition requires additional development due to incomplete medical records and unclear evidence regarding the onset of his current condition.

The Veteran's lumbar degenerative disease is rated at the highest available rating based on limitation of motion. The claims to reopen service connection for hearing loss and tinnitus are granted due to new and material evidence.

The Board has determined that the appellant's lumbar degenerative disc disease with lumbar disc herniation is attributable to service and granted service connection for this condition. The issue of service connection for basal cell carcinomas (other than the right posterior neck) remains pending as another VA opinion is needed.

The Board has granted service connection for a low back disorder, finding that the veteran's current disability is related to his active service. The issue of total disability evaluation based on individual unemployability remains pending.

The Board has determined that new and material evidence has not been received to reopen the Veteran's previously denied claim of service connection for a back disability.

The Veteran's recurrent lumbar strain was granted an initial compensable evaluation for the period prior to July 10, 2006 and a noncompensable rating thereafter. The Board found that his symptomatology warranted a higher evaluation from July 9, 2004.

The Board found that the Veteran's current lumbar spine disability is not related to her active service or a period of inactive duty for training, and thus denied her claim for service connection.

The Board denied the Veteran's claims for initial compensable disability ratings for service-connected osteoporosis of the lumbar spine and his claim for service connection for prostatitis.

The Veteran's claims for increased rating and TDIU are being remanded due to procedural and evidentiary considerations, including the need for a new VA examination.

The Veteran's claim for an increased evaluation of his lumbar disc disease is being remanded due to the need for additional development, including obtaining medical records and conducting VA examinations.