Back / lumbar spine decisions — 2010

The Veteran's claim for a total disability rating for compensation based on individual unemployability is being remanded due to the need for further development of his service-connected disabilities and pending claims.

The Board has determined that the Veteran's claims for service connection of a low back disability and a right hand disability have been denied due to lack of evidence supporting these conditions.

The VA Chief Benefits Director denied an extraschedular rating for the Veteran's service-connected lumbosacral strain, finding that it did not present such exceptional or unusual disability picture as to warrant a higher rating.

The Veteran's low back strain with degenerative disc disease of the thoracolumbar spine is currently rated at 20 percent, and no higher. The Board denied increased ratings for cervical spine strain, right ankle strain, and left ankle strain.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability is being remanded due to inadequate examination and the need for additional medical records.

The Board found that the Veteran's degenerative disc disease with radiculopathy, claimed as a back condition, was not incurred in or aggravated by active service.

The Veteran's low back disability was previously rated at 10 percent prior to April 27, 2009. Since then, the VA examination showed limited flexion of 40 degrees and a higher rating of 20 percent has been granted effective from that date.

The Board denied service connection for a bilateral knee disorder, hypertension, headaches, and low back disorders as the evidence did not support a medical nexus between these conditions and service.

The Board has determined that the Veteran's pre-existing back disorder increased in severity during her period of active duty and is therefore service-connected.

The Veteran's claim for service connection of a chronic low back disability is being remanded due to the need for additional development, including an addendum to the VA examination and obtaining all relevant treatment records.

The Board has remanded the case for additional development to determine if there is a service connection for a low back disability, including a back scar. The Veteran's statements about an inservice injury and his VA medical records from St. Croix are considered in this process.

The Veteran's lumbar spine disability was rated at 40 percent effective March 1, 2005. The appeal is denied as the evidence does not show unfavorable ankylosis of the entire thoracolumbar spine.

The Board has considered and applied both the old and new versions of VA regulations for rating disabilities of the spine, with the most favorable regulation being applied after the effective date of the regulatory change. The Veteran's lumbar spine disability is rated based on limitation of motion under DCs 5285, 5292, 5293, 5294, and 5295.