Back / lumbar spine decisions — 2010

The Veteran's claim for increased evaluations for spondylolysis with degenerative disc disease at L5-S1 was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent prior to September 1, 2005 and to an evaluation in excess of 40 percent from September 1, 2005.

The Board found that the Veteran's spondylosis of the thoracolumbar spine did not warrant a rating in excess of 10 percent prior to September 26, 2003.

The Board found that there is no evidence of a current diagnosis for the claimed thoracic-lumbar spine disability and concluded that there is not a preponderance of evidence against service connection.

The Board has determined that the Veteran's low back disorder is at least as likely as not related to his in-service injury, and service connection for this condition is granted.

The Board is remanding the case due to the need for further development, including reconciling diagnoses of mental disorders and considering additional evidence submitted by the appellant.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing. The claims for service connection for back disorder, acquired psychiatric disorder, bilateral hearing loss, and tinnitus are still pending.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, low back disorder, headache disorder, left shoulder disorder, and left knee disorder are being remanded due to the need for additional development of his medical records.

The Board has decided to remand the case for additional development, including obtaining medical records and arranging for a VA examination.

The Veteran's low back disability, including thoracolumbar disc disease with residuals of compression fracture of T12, is found to be related to service and service connection is granted.

The Veteran's claims for service connection for cervical spine disorder, thoracolumbar spine disorder, bilateral hearing loss, and chronic prostate disorder were denied as there is no competent medical evidence of a current disability related to service.

The Veteran's low back disorder is rated at 40 percent prior to September 29, 2008 and 40 percent thereafter. The right lumbar radiculopathy is rated at 20 percent. PTSD is rated at 30 percent prior to August 14, 2007.,The Veteran's hemorrhoids are not compensable.

The Veteran's claim for an initial rating in excess of 10 percent for low back strain with degenerative disc disease is being remanded due to the need for additional examinations and development.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine, bilateral pes planus/plantar fasciitis, and migraine headaches were denied. The VA found that the evidence did not support a higher rating under the applicable diagnostic codes.

The Board has remanded the case due to incomplete records and the need for additional examinations.

The Veteran's lumbar spine disability is currently rated at 20 percent, reflecting no more than forward flexion to 45 degrees with no further limitation of motion due to functional loss. There are no incapacitating episodes of Intervertebral Disc Disease.

The Board has determined that the reduction in evaluation of service-connected lumbar disc disease, L5-S1, from 60 to 40 percent was proper.

The Board found that the Veteran's degenerative disc disease was not incurred in or aggravated by service and is not proximately due to, or the result of, his service-connected bilateral knee disability. The claim for service connection was denied.

The Board has determined that the reduction of the Veteran's disability rating for arthrosis of the lumbar spine from 40 percent to 20 percent, effective May 1, 2008, was proper.

The Board has remanded the case for further examination and opinion regarding service connection for a low back disability and bilateral foot fungus.

The Veteran's medical services at Cary Medical Center on October 13, 2007 were not authorized prior to the treatment and did not meet the criteria for reimbursement under VA regulations.