Back / lumbar spine decisions — 2010

The Board found that the Veteran's lumbar spine disorder was not incurred or aggravated during service, and it could not be presumed to have been incurred due to a lack of evidence showing arthritis within one year post-service. The Board also determined that the disability did not meet the criteria for secondary service connection as it was not caused by or aggravated by his service-connected cervical spine and bilateral shoulder disorders.

The Veteran's initial compensable rating for degenerative disc disease of the lumbar spine was granted from April 12, 2006, to June 17, 2008. From April 12, 2006, to June 18, 2008, he is entitled to a rating of 10 percent for his degenerative disc disease of the lumbar spine.

The Board has remanded the case for a supplemental VA examination to determine the current severity of the Veteran's degenerative disc disease with arthritis of the lumbosacral spine, and for consideration of an extraschedular evaluation under 38 C.F.R. § 3.321(b)(1).

The Veteran's claims for service connection for right foot disabilities, including a lumbosacral strain, were denied as there was no evidence of their onset or aggravation during active duty service. The Veteran is currently rated at the highest available schedular rating for his left great toe disability.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for further development.

The Board denied the Veteran's claims for service connection for a low back disability on both direct and secondary bases, as well as his claim for TDIU. The decision found that new and material evidence had not been submitted to reopen the direct service connection claim, and that there was no nexus between the Veteran's service-connected right leg disabilities and his current low back disorder.

The Veteran's low back disorder was evaluated as 20 percent disabling from March 5, 2005 onwards. The evaluation is based on the General Rating Formula for Diseases and Injuries of the Spine.

The Board found that the Veteran's degenerative disc disease of the lumbar spine is not related to her military service, including her in-service epidural injections. The claim was denied.

The Board found no evidence of a chronic neck disability during service and concluded that the Veteran's current cervical spine disabilities, including degenerative disc disease and myofascial pain, are not related to his military service.

The Veteran does not have a diagnosed disability of the back, hips, ankles, right knee, or feet that is related to his military service. The Board finds that the evidence does not support granting service connection for any of these disabilities.

The Board has remanded the case for further development to determine if the Veteran's service-connected left foot disabilities caused or increased his low back disability, and to provide a rationale for any opinions.

The Board found that there is no evidence showing a right hip disorder or degenerative joint disease of the lumbar spine was incurred in service, and thus denied the Veteran's claims.

The Board found that the Veteran's symptoms do not warrant a rating in excess of 20 percent for his degenerative disc disease and associated conditions.

The Veteran's mechanical low back strain is currently rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The evidence does not show that his disability warrants a higher rating.

The Veteran's initial claim for a higher evaluation for his degenerative disc disease L5-S1 status post spinal fusion L4-S1 was granted, and he is currently assigned a 10 percent disability rating. The effective date of the grant remains pending as it has not been determined.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a lumbar spine disability. The Veteran's claims were denied due to lack of evidence showing a chronic condition in service or during an applicable presumption period, and no medical evidence linking his current condition to active service.

The Board found that the Veteran's degenerative disc disease of the lumbar spine was not incurred due to active service and is not related to his service-connected lumbosacral strain. Therefore, service connection for this condition is denied.

The Veteran's low back disorders are found to be related to his in-service football injury, meeting the criteria for service connection.

The Veteran's appeal for service connection for a back disability was dismissed due to his failure to respond to requests for evidence within the required timeframe.

The Veteran's low back disability is rated at 40 percent since January 18, 2008 and additional ratings for radiculopathy of the left and right lower extremities are granted effective September 8, 2009.