Back / lumbar spine decisions — 2010

The Veteran's vertigo and back disorder were found to have onset during service, warranting service connection. The Veteran's PTSD was granted a disability rating of 30 percent.

The Board has determined that an earlier effective date of February 26, 2003, is warranted for the award of a separate evaluation of 10 percent each for radiculopathy of the right and left lower extremities. This decision was based on evidence in the claims file indicating neurological symptoms associated with the service-connected degenerative disc disease of the lumbar spine.

The Board has reopened the Veteran's claim for a low back disability and remanded his claims for an increased rating for a left knee disability and service connection for PTSD. The case is being returned to the RO for further development.

The Board has granted service connection for the Veteran's degenerative disc disease of the thoracolumbar spine with spondylosis and radiculopathy, finding that it was incurred in active service. The cervical spine issue remains pending.

The Board has determined that the Veteran is entitled to a rating of 40 percent for his low back disability, but no higher. The issue before the Board now is whether he should receive a higher rating.

The Veteran's claims for increased ratings and effective dates were denied. The cervical spine disability was rated as 20% prior to September 17, 2002 and 40% thereafter. The wrist injury with ulnar neuropathy and right shoulder strain were both rated at 10%. No earlier effective date was granted for the service connection of right shoulder strain.

The Board has ordered additional development to be completed, including obtaining service records and medical records related to the Veteran's claims for back disorder, neck strain, and residuals of a bullet fragment in the nose. The case is being remanded for further consideration.

The Board denied the Veteran's petition to reopen his claims for service connection for headaches, left knee, and back disorders. The claim for right thigh disorder was not addressed as it had already been denied in August 1995.

The Board has determined that the Veteran's current low back condition is most likely related to service, and thus grants service connection for a low back disability.

The Board found that the Veteran's low back, knee, and hip disorders are not related to his active service or a service-connected disability. The claims were denied.

The Veteran's service-connected degenerative disc disease of the lumbar spine has not met the criteria for a compensable rating from November 4, 2004 to April 27, 2006 and has not met the criteria for a disability rating higher than 20 percent since April 28, 2006.

The Board denied the Veteran's claims for service connection for lumbosacral strain and arteriosclerosis obliterans of the right leg, finding that there was no evidence linking these conditions to his active military service.

The Veteran has withdrawn his appeal for all issues related to service connection.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for a psychiatric disability and a back disability. The Board also found that the Veteran's current psychiatric disability began in service.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations, records requests, and a DRO hearing.

The Board denied the Veteran's claim for an effective date earlier than September 8, 2003, for a 20% disability rating for lumbosacral strain with disc herniation. The RO assigned this rating based on evidence showing that the increase in disability occurred prior to September 8, 2003.

The Veteran's claims for service connection for a low back disability, bilateral defective hearing, and tinnitus were denied as there is no evidence of current disabilities related to service.

The Board has remanded the case for further development, including obtaining missing service treatment records and contacting SSA regarding the Veteran's disability benefits claim.

The appellant withdrew his appeals for the issues of service connection for a back disability, residuals of a spinal cord injury, residuals of a left clavicle fracture, and chest disorder (asthma and mediastinal adenopathy).

The Veteran's appeal is being remanded for further development, including providing the appropriate VA forms for assigning power of attorney to his representative and sending proper notice in connection with his claim for an increased evaluation. Additionally, a VA examination is needed to determine the nature and etiology of any back disorder that may be present and to ascertain the severity and manifestations of his service-connected degenerative joint disease of the left knee.