Back / lumbar spine decisions — 2010

The Board has remanded the case for further development due to the need to obtain medical records from the USPHS and National Archives.

The Board has granted service connection for a lumbar spine disability, left hip disability, and acquired psychiatric disorder. The initial increased ratings for arthralgia of the left shoulder and left arm (elbow) are also granted.

The Board denied service connection for a low back disability and found that the Veteran's left hand disorder, which is already service-connected, precludes him from engaging in any type of non-marginal employment activity.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling an examination by a specialist in orthopedics and an examiner familiar with somatoform pain disorder.

The Veteran's service-connected low back disability prevents him from securing or following a substantially gainful occupation, and the Board grants TDIU on an extra-schedular basis.

The Board has determined that the Veteran's low back disability warrants a rating of 20 percent, effective from when his claim was filed in June 2003.

The Veteran's claims for increased evaluations for his service-connected tension headaches and low back disability have been denied. The evidence does not show very frequent completely prostrating and prolonged attacks of severe economic inadaptability for the tension headaches, nor does it indicate incapacitating episodes having a total duration of at least two weeks but less than four weeks during the past 12 months for the low back disability.

The Veteran's claim for a higher rating for traumatic arthritis of the lumbar spine was denied as his range of motion did not meet the criteria for a higher rating under the old Diagnostic Code 5292. The issue regarding post-traumatic arthritis of the right knee prior to October 26, 2004, is pending.

The VA determined that the Veteran's current degenerative disease of the lumbar spine is not causally related to a disease, injury or event in service.

The Board has granted service connection for a back disability and an increased rating for right trochanteric bursitis. The Veteran's lumbar spine degenerative disc disease with disc herniations is considered to be the result of his active military service, while his current right trochanteric bursitis is rated at 10 percent.

The Board has determined that the Veteran is entitled to service connection for a low back disability, diagnosed as lumbar sprain/stain and narrowing of L5-S1 intervertebral disc space.

The Veteran's claim for service connection for radiculopathy of the lower extremities, which is claimed to be related to his service-connected thoracolumbar strain, has been remanded due to a need for additional evidence and an examination.

The Board has determined that the Veteran's headaches and low back condition both arose during active duty service, granting service connection for both conditions.

The Veteran's claim for service connection for alcoholism is denied as the law precludes such a finding after October 31, 1990.

The Board has remanded the case due to failure of the Veteran to report for VA examinations and incomplete records from the Huntington, West Virginia VA medical center. The Veteran is to be provided with a new opportunity for a VA examination.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his lumbar spine condition and service connection for an upper back disability.

The Board granted service connection for lumbar degenerative disc disease with moderate central spinal canal stenosis and assigned an initial disability rating of 20 percent, effective June 2006. The Veteran also received separate ratings for bilateral lumbar radiculopathy.

The Veteran's claims for service connection are being remanded to obtain additional medical records, verify reported stressors, and determine the nature of his current conditions. The VA will also provide a mental disorders examination and assess whether his diagnosed conditions are related to service.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional examinations and development of evidence.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and evaluations. The issues of whether new and material evidence has been received to reopen claims for service connection for a low back disorder, an acquired psychiatric disorder other than PTSD, and a neck disorder remain pending.