Back / lumbar spine decisions — 2010

The Board denied a separate compensable disability rating for neurologic manifestations of the service-connected traumatic arthritis of the lumbar spine.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for a VA examination.

The Board has ordered additional development to obtain VA medical records, service treatment records, and an opinion regarding the etiology of the Veteran's back disorder. The case is now remanded for these actions.

The Board found that the Veteran's degenerative changes of the lumbar spine were not incurred in or aggravated by service, and may not be presumed to have been incurred therein.

The Veteran's claims for service connection for an acquired psychiatric disorder, to include schizophrenia and PTSD, as well as his claim for a higher rating for lumbosacral strain with degenerative joint disease and degenerative disc disease of the lumbosacral spine have been granted. The effective date for the 20% disability rating for lumbosacral strain is October 7, 1999.

The Board has granted service connection for PTSD, left ankle post-traumatic changes of the malleoli with residual pain, and lumbar spine degenerative disc disease. The Veteran's conditions are related to his military service.

The Board has remanded the case for additional development, including obtaining outstanding VA and private treatment records, arranging for a VA examination of the Veteran's low back disability, and considering the claim for TDIU.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection. The issues of entitlement to service connection for low back disability, bilateral eye disability, bilateral hearing loss, flat feet, and leg cramps are being remanded.

The Board has remanded the case due to incomplete medical records and the need for further evaluation of the Veteran's nonservice-connected disabilities.

The Veteran's claims for service connection for bilateral hearing loss, low back disability, right knee disability, deviated septum, and pes planus have been denied as there is no current evidence of these conditions.

The Veteran's service connection claims for residuals of concussion and laceration to the head, headaches, status-post L4-L5 hemilaminectomy and diskectomy with radicular symptoms, degenerative disc disease, and lumbar scoliosis, and upper back pain have been granted. The Veteran has current scar residuals from a face and head injury in service, but no other service-connected disabilities are established.

The Board granted a 40 percent rating for the Veteran's service-connected thoracolumbar spine disability, effective from the date of claim. The other issues were either denied or not addressed in this decision.

The Board found that the appellant's back and psychiatric disabilities were not incurred or aggravated by service, and thus denied his claims.

The Board has determined that a VA examination is necessary to determine the etiology of the Veteran's back disorder and bilateral lower extremity peripheral neuropathy, as well as whether these conditions are related to his active duty service. The case will be remanded for this purpose.

The Veteran's low back disability is not rated higher than 10 percent, and his bilateral elbow tendinitis does not warrant a compensable evaluation.

The Veteran's appeal is being remanded for additional development, including obtaining in-service treatment records and scheduling a VA examination to assess the severity of his bilateral pes planus.

The Veteran's service-connected low back disorder is not manifest by forward flexion of the thoracolumbar spine 30 degrees or less, ankylosis, associated neurologic impairment, nor incapacitating episodes as defined by VA regulations which have a total duration of at least 4 weeks but less than 6 weeks during a 12 month period. Therefore, his claim for a rating in excess of 20 percent is denied.

The Veteran's service-connected lumbar spine degenerative disc disease with mechanical low back strain is not manifested by incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, lower extremity neurological impairment, or unfavorable ankylosis of the entire thoracolumbar spine.,For the period from September 18, 2006 to October 25, 2009, the Veteran was in receipt of the maximum schedular evaluation for his service-connected right shoulder degenerative joint disease and was not shown to present an exceptional or unusual disability picture as to render impractical the application of the regular schedular standards.,For the period from October 26, 2009, the preponderance of the probative evidence shows that the Veteran's service-connected right shoulder degenerative joint disease was productive of no more than, at best, right arm limitation of motion midway between the side and shoulder level.

The Board denied the Veteran's claims for higher initial evaluations for his service-connected degenerative disc disease at L4-L5 with radiculopathy, finding that the evidence did not meet the criteria for a rating in excess of 20 percent prior to October 13, 1988 and 40 percent prior to January 25, 1994.

The Board has granted service connection for the Veteran's left arm, cervical (neck), and left shoulder disorders. The lumbar spine disorder was previously granted in a prior rating decision.