Back / lumbar spine decisions — 2010

The Veteran's back disability is not manifested by incapacitating episodes or other symptoms warranting a higher rating, and the current 20 percent rating adequately reflects his disability.

The Board has determined that the Veteran's left little finger crush injury with tendon damage does not warrant a compensable evaluation, and his lumbar strain does not meet or approximate the criteria for a compensable rating under VA regulations.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications from a November 2006 surgery at the VA Medical Center in West Haven, Connecticut. The case has been remanded to obtain additional medical records and to conduct a VA examination to determine if his current conditions are related to the care provided by VA.

The Board has determined that there is a need to verify the Veteran's periods of active duty, inactive duty training, and service treatment records. The Veteran should be contacted for further information regarding his claimed conditions during service.

The Board denied reopening the claim for service connection of a low back disability and granted service connection for shrapnel wound to the left side of the chest, but did not assign any compensable evaluation.

The Board denied the Veteran's claim for service connection for a lower back disability, finding that there was no evidence of arthritis in service or within one year after service and concluding that his current osteoarthritis did not manifest until more than a year after separation from active duty.

The Board has remanded the case for further development due to a Court decision.

The Veteran's claims for increased ratings were granted, with a rating of 10 percent assigned for the period prior to September 20, 2002.

The Veteran's service connection for degenerative disc disease of the cervical spine is granted, with a rating of 10 percent effective from the date of the decision.

The Veteran is seeking an effective date prior to April 13, 2004 for the assignment of a 20 percent disability rating for his service-connected chronic lumbosacral strain. The VA has not obtained all relevant medical records from Pensacola VA Outpatient Clinic and must do so.

The Veteran's appeal is remanded due to the need for an additional VA examination to assess the effect of his service-connected back disability on his employment, and to determine whether he is unemployable.

The Veteran's service-connected spondylolisthesis has not manifested severe intervertebral disc syndrome with recurring attacks or incapacitating episodes requiring bedrest prescribed by a physician. The current severity of the disability is due to nonservice-connected injuries, and he does not meet the criteria for an increased rating under any applicable diagnostic codes.

The Veteran's low back disability, post-traumatic arthritis of the lumbar spine, does not meet the criteria for a higher evaluation as it does not result in forward flexion of the thoracolumbar spine less than 30 degrees or favorable ankylosis of the entire thoracolumbar spine.

The Veteran's service-connected disabilities meet the percentage rating standards for TDIU, but he is not currently unemployable due to his service-connected conditions.

The Veteran's lumbosacral disability was initially evaluated at 10 percent prior to June 7, 2004. From that date, the disability warranted a higher evaluation of 20 percent.

The Board has remanded the claims for service connection due to incomplete records and a need for additional VA examinations.

The Board found no evidence of a nexus between the Veteran's current low back disorder and his period of active service, concluding that any such condition is more likely due to aging-related degenerative changes. The Board denied the claim for service connection.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 for residuals of right shoulder, hip (other than right leg deep vein thrombosis), shin, and low back injuries were denied as the claimed disabilities are not considered to be caused by VA care.

The Board has determined that the Veteran's current degenerative disc disease of the thoracolumbar spine is causally related to an injury sustained during active duty service, specifically a fall from 20 to 35 feet in September 1975. Service connection for this condition is granted.

The Board found that the Veteran's current back disability was not incurred in or aggravated by active service and denied his claim for service connection.