Back / lumbar spine decisions — 2010

The Veteran's DDD and DJD of the lumbar spine have been granted an initial rating of 20 percent, effective March 14, 2003.

The Veteran's claim for an increased evaluation for her low back strain disability is being remanded due to the need for updated treatment records and a VA examination.

The Board has determined that the Veteran's degenerative disc disease with history of back strain does not meet or approximate the criteria for a rating higher than 10 percent. The claim for increase in migraine headaches is REMANDED to allow for further development.

The Board denied the appellant's claim for DIC based on a new and material evidence finding, but found that she is not entitled to SMP due to her inability to require regular aid and attendance of another person.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling due to chronic pain resulting in limited forward flexion. The Board finds that the criteria for a higher rating are not met.

The Veteran's service-connected posttraumatic degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective September 26, 2008. The VA examination revealed forward flexion to 50 degrees and extension to 12 degrees, with no less than these findings. This does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board denied the Veteran's claim of entitlement for service connection for a lumbar spine disorder, finding that there was no evidence of chronic or recurrent symptoms since service and attributing any current condition to non-service-related causes.

The Board denied attorney fees for past-due benefits as the November 2009 RO decision granting service connection for a lumbosacral strain was based on an original claim without any NOD, and thus does not meet the criteria for attorney fees.

The Board has found that the Veteran's current low back disability may be reasonably associated with an in-service injury, and thus service connection is granted.

The Board has determined that the Veteran does not have a low back disability incurred in or aggravated during active military service.

The Veteran's low back disability was not shown during service and is not attributable to his period of active duty. The Board finds that the current low back disability is more likely due to a 1991 motor vehicle accident, which occurred after service.

The Board found no evidence of a back disability or tingling in arms and hands during service, nor did it find any connection to service. The Veteran's current conditions are attributed to post-service incidents.

The Board has remanded the Veteran's claims for further development due to incomplete compliance with previous directives and unclear nature of his service-connected low back disability.

The Veteran's lumbar spine degenerative disc disease is currently rated at 40 percent, effective September 16, 2005. The AMC granted a separate 10 percent rating for right lower extremity radiculopathy and left lower extremity radiculopathy.

The Board found that there is no evidence of a relationship between the Veteran's cervical or lumbar spine disability and her military service, thus denying her claim for service connection.

The Board denied the Veteran's claims for service connection for hypertension, renal disability, cardiac disability, and low back disability as secondary to his service-connected histoplasmosis of the lung.

The Veteran's claim for TDIU is being remanded due to the need for clarification and further examination regarding his service-connected disabilities.

The Veteran's appeal for service connection for degenerative joint disease of the lumbosacral spine has been dismissed due to his death.

The Veteran's claims for increased ratings for his low back disability, right foot disorder, right foot scar, and GERD were denied. The evidence did not meet the criteria for higher ratings under applicable diagnostic codes.

The Board has determined that further development is necessary before the merits of the claim may be addressed, including obtaining VA treatment records and Social Security Administration (SSA) records. The Veteran's low back disorder needs to be evaluated by a VA examiner to determine if it is related to his active service.