Back / lumbar spine decisions — 2010

The Veteran's claim for an increased rating for chronic lumbosacral strain was denied as the evidence did not show that his disability warranted a higher evaluation.

The Board has remanded the claims for further development due to incomplete records and failure to report for a VA examination.

The Board has determined that further development of the Veteran's claim is warranted, including obtaining a medical opinion regarding the nature and etiology of any arthritic condition found to be present, as well as whether his service-connected psoriasis caused or aggravated any currently diagnosed degenerative arthritis or degenerative disc disease of the lumbar spine.

The Board has remanded the case for additional development due to incomplete records and need for a VA examination.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for additional development, including a VA examination and consideration of private treatment records.

The Board has dismissed the appeal with respect to the claims of entitlement to service connection for a fungal disorder, allergic rhinitis, and hypertension due to the Veteran's request for withdrawal. The remaining issues are addressed in the REMAND portion of the decision.

The Board has remanded the case to the RO for initial consideration of additional evidence, including private treatment records received in April 2010. The Veteran's claim of entitlement to service connection for a low back disability will be reconsidered.

The Board granted service connection for PTSD and assigned a 30 percent disability rating, effective September 28, 2007. The Veteran's bilateral hearing loss is rated as noncompensable.

The Veteran's claim for a total rating based on individual unemployability (TDIU) was granted effective June 22, 2007. The TDIU is based on the Veteran's service-connected disabilities, including PTSD rated at 50% disabling since March 13, 2006.

The Board has granted service connection for cervical, thoracic, and lumbar spine disabilities, finding that these conditions are related to the appellant's active service.

The Board denied the Veteran's claims for increased ratings and service connection, finding that his pension benefits were properly reduced due to estrangement from his spouse.

The Veteran's low back strain is rated at 40 percent, and the Board denied an increased rating. The Veteran's TDIU claim was also denied as his service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Veteran's lumbar spine disorder was initially rated at 10 percent prior to February 8, 2010. Since then, the rating has been increased to 20 percent effective from February 10, 2010.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for a neurological disorder, secondary to herbicide exposure, or for a back condition. The evidence submitted does not establish an in-service etiology for either disorder.

The Veteran's claims for service connection for various knee and ankle conditions were denied by the RO.

The Veteran's claims for increased ratings for chronic low back strain and a stress fracture of the left leg are being remanded due to the need for further examination to determine the current severity of these conditions.

The Board found that the Veteran's right ankle degenerative joint disease and degenerative disc disease of the lumbar spine are due to injuries sustained during his period of active service. The cervical spine disorder is not shown to be related to service or a service-connected disability.

The Board has determined that the Veteran's low back disorder was not incurred or aggravated during active service, and is not related to a service-connected disability. As a result, the claim for service connection for a low back disorder is denied.

The Veteran's low back disability is rated at 40 percent disabling from January 20, 2006 to May 10, 2006 and at 50 percent thereafter. The effective date for the increased rating remains pending.

The Board has determined that the Veteran's current back condition is not due to an injury or other incident of military service, and therefore denied his claim for service connection.