Back / lumbar spine decisions — 2010

The Board has denied the Veteran's claim for service connection for spondylolysis of the lumbar spine, finding that it is not related to his military service and is a congenital defect.

The Veteran's service-connected lumbosacral spine disability is currently rated at 50 percent effective May 18, 2010. The Board finds that the evidence does not support a higher rating for any period prior to this date.

The Veteran's current psychiatric disorders, including depression and PTSD, are not considered to be directly related to his military service or any service-connected condition.

The Veteran's chronic low back muscle and ligament strain was manifested by pain and limited range of motion, but did not meet the criteria for a disability rating in excess of 20 percent.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, a bilateral hip disability, and a low back disability due to lack of current evidence of these conditions.

The Board has determined that additional development is needed and the case is being remanded for a Travel Board hearing before a Veterans Law Judge.

The Board denied reopening of the claim for PTSD due to lack of new and material evidence. Service connection was not granted for left knee meniscal tear and chondromalacia or cervical spine degenerative disc disease.

The Veteran's lower back disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted. Separate ratings of 10 percent each are assigned for radiculopathy of both the left and right lower extremities.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling the Veteran for VA examinations to determine the nature and etiology of his low back disorder and PTSD.

The Veteran's claim for increased disability ratings for lumbar strain is being remanded due to the need for another VA examination.

The Veteran's appeal is being remanded due to her request for a Travel Board hearing. Her claims regarding right knee strain, plantar fasciitis, major depressive disorder, and lumbosacral strain are still pending.

The Veteran's claims for service connection for a left shoulder disorder, low back disorder, acquired psychiatric disorder (PTSD), and skin disorder of the feet have been denied. The evidence does not support current diagnoses or show in-service injury or disease related to these conditions.

The Board has determined that the Veteran's low back disability is not related to service, but it may be aggravated by his service-connected bilateral knee degenerative joint disease. The claim for service connection remains granted.

The Veteran's appeal is being remanded due to the need for additional development, including scheduling a DRO hearing and obtaining an addendum opinion from the VA examiner.

The Veteran's claim for an increased evaluation of his service-connected lumbar spine disability was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 30 percent prior to June 1, 2006 and 20 percent thereafter.

The Veteran's additional disabilities of the extremities and cervical/lumbar spine were not proximately caused by VA's lack of skill, negligence, or unforeseeable event during his February 2004 surgeries. The claims for compensation under 38 U.S.C.A. � 1151 are denied.

The Board has remanded the case for additional development, including obtaining Social Security records and a VA examination to determine the nature, extent, and etiology of any current cervical spine and low back disability. The psychiatric disability issue will be developed on a secondary basis if service connection is established for the other disabilities.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not meet the criteria for an increased rating or a TDIU.

The Board denied the Veteran's claims for service connection for bilateral tinnitus, right and left knee conditions, a low back disability, and right and left hip pain due to lack of evidence linking these disabilities to her military service or any service-connected condition.

The Veteran's appeal is remanded due to pending issues regarding earlier effective dates for service connection and increased initial ratings. The case will be returned to the Board after these issues are addressed.