Back / lumbar spine decisions — 2010

The Board has determined that additional development is necessary to adjudicate the Veteran's claim for an initial rating in excess of 20 percent for degenerative disc disease of the lumbar spine.

The Veteran meets the schedular criteria for a total disability rating for compensation on the basis of individual unemployability (TDIU) due to his service-connected disabilities. However, there is uncertainty about whether he is unable to secure or follow a substantially gainful occupation solely because of his service-connected conditions.

The Board has determined that the Veteran does not have a lumbar spine disability attributable to his military service and therefore denied the claim for service connection.

The Board denied the Veteran's claims for service connection for a low back disorder, an acquired psychiatric disorder (PTSD), and IBS. The evidence did not raise a reasonable possibility of substantiating these claims.

The Veteran's lumbosacral strain with degenerative disc disease and neurological impairment of the left lower extremity have been granted service connection, but are currently rated at 10 percent each. The appeal is resolved in favor of the VA.

The Veteran's back disability is rated at 40 percent, and his right leg radiculopathy is rated at 10 percent.,The Veteran's back disability does not meet the criteria for a higher evaluation. His right leg radiculopathy also does not meet the criteria for a higher evaluation.

The Board has determined that new and material evidence has not been presented to reopen the claims of service connection for hypertension, low back disability, and asthma. As such, these claims remain denied.

The Veteran's claims for earlier effective dates for service connection of left knee strain and lumbar strain are denied as there is no evidence of a prior claim filed before June 21, 2006.

The Board found no evidence of a chronic back disability and denied service connection for the Veteran's claimed back condition. For his right shoulder disability, the Board determined that the current evaluation of 30% was appropriate based on limitation of motion to 25 degrees from the side.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his intervertebral disc degeneration of the lumbar spine, internal derangement of the right shoulder, and right knee patellofemoral syndrome.

The Board denied the Veteran's claims for service connection for a lumbar spine disability, Dupuytren's contracture with rheumatoid arthritis, and rheumatoid arthritis of the right arm due to lack of evidence linking these conditions to his military service.

The Veteran seeks service connection for posttraumatic stress disorder, low back pain, left hand numbness, and peripheral neuropathy. The Board has determined that additional development is needed to verify the Veteran's claimed stressors and determine if they are sufficient to establish service connection.

The Board found no evidence of a current lumbar spine disorder that is related to service, and thus denied the claim for service connection.

The Veteran's service-connected low back disability, manifested by limitation of motion with pain and muscle spasm, is rated at 20 percent under the revised criteria for evaluating disabilities of the spine effective September 23, 2002. The rating reflects incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months.

The Board denied service connection for psychiatric disability and an increased rating for low back disability. The Veteran's psychiatric disability is not related to his military service, and the low back disability does not meet the criteria for a higher rating.

The Board denied the Veteran's claims for service connection for residuals of a left shoulder injury and lumbosacral spine disorder, finding that there was no medical evidence linking these conditions to his active military service.

The Board denied the Veteran's claim for service connection for a back disability, including scoliosis and degenerative joint disease of the lumbar spine, finding that there was no increase in severity during service and that the pre-existing condition did not worsen.

The Board found no evidence to support the Veteran's claim that his current low back disability is related to his military service, and thus denied the claim.

The Veteran's claims for increased ratings and service connection were denied. The effective date of any award would not impact the final April 1975 rating decision.

The Board has determined that further examination and medical opinion are needed to resolve the claim for service connection due to conflicting opinions on the onset of the Veteran's low back disability. The appeal is being remanded to the RO.