Back / lumbar spine decisions — 2010

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling examinations to assess the severity of his thoracolumbar spine disability and the etiology of his left knee arthritis.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral knee condition, left ear hearing loss, and left ankle condition. The lumbar stenosis and thoracic myelopathy were also considered but not granted.

The Board finds that an earlier effective date for the assignment of a 10% rating for service-connected low back disorder is not warranted based on the evidence of record prior to January 10, 2007.

The Board finds that the Veteran's reports of having had back pain since service are credible, and thus grants service connection for his current low back disability.

The Veteran's service-connected disabilities render him unemployable for both sedentary and physical occupations, but the claim is being referred to VA's Director of Compensation and Pension for consideration under 38 C.F.R. § 4.16(b).

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining medical records and opinions regarding his claimed conditions.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and a VA examination to determine if he meets the requirements for special monthly compensation based on the need for regular aid and attendance.

The Board has determined that the Veteran's low back disorder is etiologically linked to his period of active service, and thus service connection for this condition is granted.

The Veteran's claims for service connection for right shoulder pain and low back strain have been granted, but the initial ratings assigned are not the maximum available. The Veteran is currently rated at 10 percent for both conditions.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by active military service.

The Veteran's lumbar spine disorder is currently rated at 20 percent, with limitation of forward flexion and pain on motion. There are no incapacitating episodes or associated neurological disabilities.

The Veteran's service-connected chronic thoracolumbar strain is rated at 10 percent, and her claim for tinnitus service connection is granted. The higher initial rating request for the thoracolumbar strain is denied.

The Veteran's claim of service connection for a low back disorder is reopened and the claim is granted as her current diagnosis is attributable to injuries incurred during service.

The Board has determined that the appellant's chronic cervical strain was not incurred in or aggravated by active service, while his chronic lumbosacral strain is considered to be at least as likely as not related to service.

The Board has determined that the Veteran's diagnosed cluster headaches did not have their onset in service or within one year thereafter and are not etiologically linked to his military service. The claim for a low back disability is remanded.

The Board has remanded the case due to insufficient evidence to decide the service connection claim for a lumbosacral strain, claimed as a low back injury. The Veteran's symptoms and treatment are related to in-service motor vehicle accidents.

The Board denied the Veteran's claims for service connection for low back and bilateral shoulder disabilities, as well as the reduction in his disability rating for bilateral hearing loss. The decision also addressed a claim regarding headaches but noted that further development was needed.

The Board has granted a rating of 20 percent for the service-connected scoliosis and spondylosis of the lumbar spine, effective from the date of the decision. Separate ratings of 10 percent each have been assigned for radicular symptoms in both lower extremities.

The Veteran's claimed conditions, including migraine headaches, hearing loss, arthritis of various joints, asthma, lower back degenerative disc disease and muscle pain, an acquired psychiatric disorder to include depression, allergies and rhinitis, and nerve paralysis, were not incurred in or aggravated by service.

The Board is remanding the case to obtain additional medical opinions and gather private treatment records, including from a chiropractor. The Veteran's claim for service connection for a low back disability will be reconsidered based on the new evidence.