Back / lumbar spine decisions — 2010

The Veteran's appeal for an increased rating for a chronic lumbar strain with history of lower extremity numbness, pain, and osteoarthritis was dismissed as the appellant withdrew the appeal.

The Veteran's appeal is being remanded for further development and consideration, including scheduling a hearing before the Board of Veterans' Appeals.

The Board has remanded the case due to incomplete records and the need for a VA examination. The Veteran's low back disorder is being reviewed, along with his claim for TDIU.

The VA determined that the Veteran's lumbar spine disorder is not caused by or worsened by his service-connected left knee disability.

The Board found that the Veteran's service-connected low back disability, which is currently rated at 20 percent under the General Rating Formula for Diseases and Injuries of the Spine (DC 5237), does not warrant a higher rating as it does not meet the criteria for a higher rating based on forward flexion being greater than 30 degrees but not greater than 60 degrees, or any other relevant diagnostic criteria.

The Veteran's claims for increased ratings for his right knee, left knee, and low back disabilities are being remanded due to the need for additional examinations.

The Veteran's lumbosacral strain is rated at 20 percent, and the Board granted service connection for a cervical disk disorder, left knee disorder, and left peroneal nerve palsy as secondary to his service-connected lumbosacral strain.

The Veteran's tinnitus and degenerative disc disease of the lumbar spine are service-connected, with a rating of 40 percent for the lumbar spine disability. The effective date for radiculopathy of the right lower extremity is set at April 9, 2008.

The Board has granted service connection for tinnitus, but denied service connection for hearing loss and lumbosacral strain. The Veteran's PTSD claim is pending due to the need for verification of stressors.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, warranting special monthly compensation based on this need.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination to determine the nature, extent, onset, and etiology of the Veteran's back disorder.

The Veteran's appeal involves multiple service connection claims for various conditions, some of which have been reopened due to new evidence. The case is being remanded for further development and readjudication.

The Board has determined that the Veteran does not have a chronic sinus disorder or residuals of viral hepatitis related to his service. The claim for back disorder and hypertension is pending.

The Veteran's claims for increased ratings and service connection were denied. The claim for an initial disability rating in excess of 10 percent for postoperative degenerative disc disease, neurological manifestation of the left lower extremity was granted but not appealed. The claim for a disability rating in excess of 40 percent for postoperative degenerative disc disease of the thoracolumbar spine was denied.

The Veteran's prostate cancer, low back disability, and right hip disability were not incurred or aggravated by his active service. The Board found no evidence linking these conditions to his military service.

The Board denied the Veteran's claims for service connection for various conditions, including low back disability, sinusitis, allergic rhinitis, eye disorder (compound hypermetropic astigmatism), nausea, groin pain, flat feet, and stress fractures of both feet. The primary reason was a lack of current medical evidence supporting these claims.

The Board has determined that new and material evidence has not been received sufficient to reopen the previously denied claim for service connection for a back condition.

The Board has determined that a VA examination is needed to determine the nature and etiology of any currently diagnosed lower back disability, as well as to assess whether it had its onset in service. The Veteran's claims file must be made available for review.

The Veteran's claims were denied due to lack of new and material evidence for his service connection claims for right wrist, neck, low back, and left shoulder conditions. His headaches and left wrist condition were granted a 10% disability rating.

The Board has granted a 10% disability rating for bilateral hearing loss effective March 10, 2008. The Veteran's right leg condition is secondary to his service-connected degenerative disc disease of the lumbar spine.