Back / lumbar spine decisions — 2010

The Veteran's tension headaches were granted a compensable rating from July 1, 2004 to September 16, 2009. Since then, the appeal is denied for higher ratings. Service connection for a low back condition was reopened but not established.

The Board denied the Veteran's claim for an increased rating for his service-connected chronic low back strain, finding that the evidence did not support a higher evaluation than 20 percent. The appeal regarding denial of service connection for various conditions was also denied.

The Veteran's service-connected back disability and associated left lower extremity neurological impairment are currently rated at 10 percent, effective December 31, 2002. The Board found that the current evaluations do not adequately reflect the severity of his disabilities.

The Board has determined that additional development is necessary prior to the adjudication of this claim, including scheduling a VA examination and obtaining relevant medical records.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claim for an increased disability evaluation for her service-connected low back pain and lumbar myositis. The case is REMANDED for obtaining VAMC treatment records from October 2006 to the present, scheduling a new VA spine examination, and readjudicating the claim.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The issues of increased rating, service connection for right ankle disorder, and service connection for low back injury will be reconsidered after these actions.

The Board found that the Veteran's pre-existing back injury did not increase in severity during his period of active duty from November 1990 to April 1991, and thus denied service connection for a back disorder.

The Board has remanded the case due to inadequate VCAA notice and will provide a new letter addressing service-connected conditions at the time of the Veteran's death, as well as conditions not yet service-connected.

The Board has remanded the Veteran's claims for secondary service connection and increased rating of his degenerative disc disease of the lumbar spine due to lack of a medical opinion regarding whether radiculopathy is a manifestation of this condition, and because more contemporaneous orthopedic and neurological examinations are needed.

The Veteran's service-connected degenerative joint disease of the lumbar spine is currently rated at 10 percent, and his claim for an increased rating has been granted.

The Veteran's appeal is being remanded to obtain clarifying evidence regarding the cause of his claimed left shoulder and low back disabilities, as well as to schedule a VA examination.

The VA denied the Veteran's claim for service connection as there is no evidence of a low back disorder at separation from service, and no medical evidence linking his current condition to service.

The Veteran's claim for service connection for genital warts is denied as there are no records of the condition during or after service. The claim for service connection for schizoaffective disorder and back disability is pending, but a VA examination is needed to determine if these conditions may be related to service.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disorder and granted it, finding that new evidence supports the claim.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination.

The Veteran's lumbosacral strain with degenerative joint disease is currently rated at 20 percent, but the VA examination and addendum indicate that his disability warrants a higher rating of 40 percent due to limited range of motion and mild sciatic neuropathy.

The Board denied an increased rating for the Veteran's service-connected low back strain with radiculopathy from February 26, 2001 to September 22, 2002.

The Veteran's service-connected disabilities, particularly lumbar DDD with mechanical low back pain, result in the need for regular aid and attendance of another person. The Board finds that the criteria for special monthly compensation based on the need for regular aid and attendance have been met.

The Board has determined that the Veteran's current low back disability and GERD were not incurred or aggravated by his active service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's degenerative changes of the thoracolumbar spine are manifested by mild symptoms, and his disability does not warrant an evaluation in excess of 10 percent.