Back / lumbar spine decisions — 2010

The Veteran's service-connected low back disorder has been manifested by forward flexion and extension limited, at most, to 65 and 10 degrees respectively. The criteria for an initial rating higher than 10 percent have not been met.

The Veteran's degenerative disc disease of the lumbar spine has been rated at 20 percent since April 14, 1998. The RO denied a higher rating based on current symptoms and limitations.

The Veteran seeks service connection for right hip, left hip, low back, and right knee disorders. The Board finds that a VA examination is necessary to determine the etiology of these conditions and whether they are related to his honorable period of service.

The Veteran's claim for permanent and total rating for basic eligibility for Dependents' Educational Assistance (DEA) benefits is being remanded due to the need for further development, including a VA examination.

The Veteran's lumbar strain with degenerative changes has been characterized by complaints of pain and some limitation of motion. The Board affirms the RO's decision to grant a 20% rating for this condition, effective September 2, 2003.

The Veteran's claim for an evaluation in excess of 20 percent for degenerative disc disease and degenerative joint disease of the lumbar spine was denied. The Board found that his condition did not meet or approximate the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's initial increased rating for his service-connected back disability was granted, with a current effective date of March 26, 2009. The Veteran is currently rated at 20 percent for the condition.

The Veteran's appeal involves multiple conditions, all of which are being reconsidered due to new evidence. The Board has not yet determined the outcome for each condition.

The Veteran's headaches are rated at 50% due to their severe impact on daily activities. Service connection for a psychiatric disability, including anxiety disorder and nervous condition, is granted as new evidence has been submitted. Service connection for lumbar disc disease secondary to service-connected labyrinthitis is also granted.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board found that the Veteran does not have current chronic low back or respiratory disorders due to service, and thus denied his claims for service connection.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, which is the maximum schedular rating available under VA regulations. The Board found that a higher rating was not warranted based on the evidence presented.

The Board has granted service connection for headaches, lumbar spine DDD, and a skin disability as secondary to herbicide exposure (Agent Orange). The Veteran's eye disability is not considered due to exposure to hazardous environmental agents employed in Project SHAD.

The Veteran's right-sided S1 radiculopathy results in pain, numbness, weakness, and fatigue with flare-ups occurring once every week. The Board has determined that the criteria for an initial disability rating of 20 percent have been met.

The Board has determined that there is no new and material evidence to reopen the Veteran's claim for service connection for a lumbar spine disorder, thus denying the appeal.

The Board found that the Veteran's hypertension existed prior to his active duty and was not aggravated by service. The low back pain is not related to service, and PTSD symptoms are manifested as described but do not meet criteria for a 50% disability rating.

The Veteran's service-connected low back disability is found to be the primary cause of his acid reflux disease. The Veteran's lower extremity and mental health disabilities are also found to be related to his service-connected conditions.

The Veteran's appeal was dismissed due to his death, and no rating or effective date is assigned as the claim has been rendered moot.

The Veteran's appeals for service connection have been withdrawn. The Board is remanding the remaining claims to obtain updated VCAA notice and to schedule VA examinations to determine the etiology of his claimed disabilities.

The Veteran's claim for a higher disability evaluation for her herniated nucleus pulposus with lumbosacral strain is being remanded due to the need for additional medical examination and development of records.