Back / lumbar spine decisions — 2010

The Veteran's service-connected lumbosacral strain is currently rated at 40 percent, and the Board has determined that a higher rating is not warranted. The claim for TDIU was also denied as there is no evidence of unemployability due to his service-connected disabilities.

The Board has determined that there is no current diagnosis of a low back disability and thus, service connection for this condition cannot be established.

The Veteran's appeal of the increased rating for divided left Achilles tendon was withdrawn prior to a decision. The case is being remanded for further development regarding service connection for disabilities of the hips and pelvis.

The Board has determined that the Veteran does not have a chronic low back or right suprascapular disability, and thus service connection is denied for these conditions.

The Veteran's DDD of the lumbosacral spine with spondylolisthesis is rated at 40 percent, effective from the date of this decision. The rating for L5-S1 radiculopathy remains at 10 percent prior to February 7, 2007 and at a maximum of 10 percent thereafter.

The Board denied service connection for the Veteran's claimed low back, left knee, right knee, and right ankle disabilities. The claims were adjudicated on their merits without finding any new evidence to reopen previously denied claims.

The Board has determined that the Veteran's bilateral shoulder, lumbar spine, and thoracic spine disabilities were not incurred in service or due to a service-connected disability.

The Board finds that the Veteran's degenerative disc disease of the lumbar spine is service-connected, while his rheumatoid arthritis is not.

The Board has remanded the case to schedule a VA examination and obtain an opinion on whether the appellant's current low back disability is related to service, including a fall during active duty. The claim will be reconsidered based on this new evidence.

The Board found that the Veteran's lower back disorder is not causally or etiologically related to his active service and denied his claim for service connection.

The Board has remanded the case to the RO for further development, including consideration of personal statements submitted by the Veteran. The claims will be reconsidered and a supplemental statement of the case will be provided.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is a result of his service-connected Reiter's syndrome, and thus grants service connection for this condition as secondary to his service-connected disability.

The Veteran's service-connected conditions do not meet the schedular criteria for a TDIU, but his unemployability due to PTSD is supported by evidence indicating he cannot secure or follow a substantially gainful occupation. The case is referred to the Director of Compensation and Pension Service for extra-schedular consideration.

The Board has remanded the Veteran's claims due to inadequate medical opinions and incomplete evidence. The Veteran is seeking an increased rating for his cervical spine disability and service connection for bilateral foot disabilities, including as secondary to his cervical spine disability.

The Board has determined that the Veteran's current low back disorder is related to his active military service and grants service connection for this condition.

The Veteran's appeal has been dismissed due to his death.

The Board has determined that the Veteran's current back disorder, including arthritis, is not related to service or due to aggravation of a pre-existing condition. Therefore, service connection for these conditions cannot be granted.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of vertebrae L3, L4, L5, and sacroiliac joints was denied by the RO in September 2005. The effective date is March 30, 2005.

The Veteran's service-connected thoracolumbar spine disability has been manifested by myofascial strain of the thoracolumbar spine; degenerative changes of the thoracic spine (as confirmed by X-ray findings) with spurring and scoliosis; limitation of motion to include forward flexion limited to no worse than 45 degrees; pain. The criteria for an initial evaluation in excess of 20 percent have not been met.

The Veteran's claim for service connection of a lumbar spine disorder is being remanded due to the need for a VA examination and further development.