Back / lumbar spine decisions — 2010

The Board has decided to remand the case for additional development, including a new VA examination and opinion regarding the Veteran's low back disorder.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a low back disorder, which was previously denied in April 2000.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including obtaining records from SSA and scheduling VA examinations.

The Veteran's chronic lumbosacral strain with mild osteoarthritis does not meet the criteria for an evaluation in excess of 40 percent due to lack of unfavorable ankylosis or incapacitating episodes.

The Veteran's appeal is being remanded for additional development, including obtaining recent medical records and scheduling VA examinations to assess the current severity of his service-connected disabilities.

The Board has remanded the case due to incomplete records and inadequate examination, requiring further development.

The Board has denied the Veteran's claims for service connection for a cervical spine disorder, headaches, Achilles tendonitis of the right ankle, and Achilles tendonitis of the left ankle as there is no competent evidence linking these conditions to his military service.

The Board found no evidence of a low back disability in service and denied the Veteran's claim for service connection.

The Veteran's tinnitus was found to have begun in service and is considered incurred during active military service, granting service connection for bilateral tinnitus. The low back condition, left eye smoke damage, and scratchy voice (claimed as sore throat) issues are pending further examination and evaluation.

The Veteran's claim for an increased rating for his service-connected low back disability is being remanded due to the need for a new VA examination and consideration of whether separate compensable ratings are warranted for any nerve damage present.

The Veteran's degenerative joint disease of the lumbar spine has been rated at 20 percent, which is higher than the initial 10 percent rating. The condition does not meet criteria for a higher rating based on unfavorable ankylosis or flexion less than 30 degrees.

The Board found that there is no competent medical evidence linking the Veteran's current back disorder to his period of service. Therefore, the claim for service connection was denied.

The Veteran's claim for increased rating and TDIU related to his service-connected low back strain is being remanded due to the need for additional examination and development of records.

The Board has remanded the case for additional development, including obtaining VA medical records and arranging for examinations to determine the nature and etiology of any current back or neck disability, hearing loss, and tinnitus. The effective date issue is also being addressed.

The Board has determined that the Veteran's cervical disc disease and low back disorder are not related to his military service, and thus denied both claims.

The Veteran's PTSD is found to be incurred in service, and the claim for a rating in excess of 20 percent for lumbosacral strain is granted.

The Board has remanded the case due to insufficient detail in the medical opinions provided by Dr. Guerzon regarding the etiology of the veteran's low back disability.

The VA determined that the Veteran's current back disorder is not related to his military service.

The Veteran's DDD of the lumbar spine was initially rated at 10 percent between December 1, 2000 and October 25, 2006. From October 26, 2006, his disability was rated at 20 percent.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine is granted effective from July 11, 2007, with a 60 percent disability rating.