Back / lumbar spine decisions — 2010

The Board found that the Veteran's back disorder is not related to her active duty service and denied her claim.

The Veteran's claims for service connection for low back and bilateral knee disabilities are being remanded due to the need for additional VA examination and development of medical records.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for pes planus. Service connection is also granted for pes planus. The Veteran's back disability is secondary to his pes planus.

The Veteran's claim for a higher rating for his lumbosacral spine degenerative disc disease was denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine less than 30 degrees or unfavorable ankylosis, which are required for a higher rating under the applicable VA rating criteria.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of his claimed back disability.

The Board found that there is no evidence of a lumbar spine injury or disease during service, and the Veteran's current back condition is not etiologically related to his active service.

The Board has determined that the Veteran's current low back disability is causally related to service and grants the claim for service connection.

The Veteran's low back disability has been adequately compensated by the current rating of 60 percent, and does not present an exceptional or unusual disability picture.

The Veteran's current chronic back disability is not considered to have been incurred or aggravated by his military service. The Board determined that the Veteran's pre-existing congenital defect did not result in a disease or injury during his period of active duty.

The Veteran's lumbar spine disability was rated at 20% prior to August 30, 2004, and at 20% beginning from August 24, 2004. The Veteran's sinusitis was not rated as he did not meet the criteria for a higher rating.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a back disability. The decision is mixed as it acknowledges some of the submitted evidence but also finds others are cumulative or do not relate to the unestablished fact necessary to substantiate the claim.

The VA examiner found no additional disability due to the Veteran's August 2002 lumbar L3-4 decompressive laminectomy, and the Veteran was not credible regarding his claims of a pre-existing lower back condition.

The Veteran's back disorder, right knee disorder, and allergic rhinitis were not found to meet the criteria for higher ratings under applicable VA rating criteria.

The Veteran's low back disability has not adversely affected his range of motion, nor is it productive of incapacitating episodes. The criteria for an initial rating in excess of 10 percent have not been met.

The Veteran is granted an effective date of January 29, 1993 for service connection for bilateral spondylosis.,The Veteran's claim for TDIU prior to July 29, 2004 is denied.,The Veteran's claim for DEA benefits eligibility prior to July 29, 2004 is denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess his bilateral hearing loss and cervical spine disability.

The Veteran's claim for increased disability rating for his service-connected lumbar strain remains on appeal. The Board finds that the evidence shows symptoms of forward flexion limited to 30 degrees or less, with incapacitating episodes of IVDS not shown during any period.

The Board denied the claim of clear and unmistakable error in the August 1948 rating decision that reduced the sacroiliac strain from 10 percent to a noncompensable rating, finding no clear and unmistakable error.

The Board found that the Veteran's reported neurological symptoms are not related to his service-connected lumbar spine disability and thus denied a separate rating for such manifestations.