Back / lumbar spine decisions — 2010

The Board has remanded the case for additional development due to missing service treatment records and other medical records.

The Board denied the Veteran's claims for service connection and evaluations related to his right foot, low back, nose, and inguinal hernia disabilities. The decision found that new and material evidence had not been received to reopen the claim for a right foot disability, and that there was no evidence of a chronic nose or low back disability. For the period prior to February 13, 2009, the Veteran's residuals of inguinal hernia were evaluated as noncompensable, but from that date forward, he received a 10% evaluation.

The Veteran's combined disability rating is 60%, which does not meet the minimum percentage requirements for a TDIU. The preponderance of evidence demonstrates that the Veteran is not unemployable only by reason of service-connected disabilities, and referral for extraschedular consideration is not warranted.

The Veteran's claims for increased ratings and earlier effective dates were granted. He was assigned a 50 percent rating for PTSD, effective June 13, 2007.

The Veteran's claim for an initial evaluation in excess of 20 percent for degenerative disc disease of the lumbar spine on and after June 18, 2008 was denied as there is no evidence showing forward flexion limited to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes having a total duration of at least four weeks during any twelve month period.

The Board has determined that the Veteran's death was not caused by or related to his service-connected disabilities, and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's DDD L5-S1, postoperative disc arthroplasty has been rated at 20 percent since June 7, 2005.

The Board has remanded the case for additional development due to missing medical records, including those from VA and private sources. The Veteran is asked to provide information about her treatment history since separation from service.

The Board has determined that the Veteran's cervical spine disability and left arm disability were not caused or aggravated by his service-connected low back disability. The Veteran's low back disability is currently rated as 40 percent disabling.

The Veteran's only service-connected disability, lumbar myositis with degenerative disc disease and radiculopathy, is rated at 60 percent. The evidence does not show that this condition alone renders the Veteran unemployable.

The Veteran seeks service connection for a low back disorder, which he claims is related to injuries sustained during his military service. The case is being remanded for further development of the evidence.

The Veteran's appeals for higher initial evaluations for his service-connected left and right shoulder disabilities, as well as his low back disability, have been dismissed due to the Veteran's request for withdrawal at the Board hearing.

The Veteran's lumbar spine arthritis and right L4 radiculopathy are currently rated at 30 percent, but the Board finds that they do not warrant a higher rating based on current evidence.

The Veteran's appeal is being remanded for additional development to determine her ability to work due to her service-connected disabilities.

The Veteran's lumbar spine disorder was granted service connection, and he is currently receiving a 10 percent rating. Separate ratings of 10 percent were also granted for his right and left lower extremity radiculopathy effective October 31, 2008.

The Veteran's low back disability is rated at 20 percent prior to August 16, 2008 and at 40 percent from that date. The renal cyst disability remains non-compensable.

The Board has granted service connection for PTSD, finding that the Veteran's reported in-service stressors are consistent with his fear of hostile military activity and supported by credible supporting evidence. The other claims for hearing loss, tinnitus, and back disability remain pending.

The Veteran's low back strain has not been manifested by forward flexion of the thoracolumbar spine of 30 degrees or less, or ankylosis. Therefore, a rating in excess of 20 percent is denied.

The Veteran's service-connected chronic lumbosacral strain with wedging of T11-L1 is currently rated at 40 percent disabling, effective December 20, 2006. The Board finds that the criteria for a higher rating are not met.

The Veteran's cervical spine disorder, including degenerative disc disease, is being remanded for further development and an opinion on its etiology.