Back / lumbar spine decisions — 2010

The Veteran's low back disability was found to be manifested by chronic pain, limitation of flexion to 50 degrees, and a total range of motion greater than 120 degrees without muscle spasm, guarding, abnormal gait or spinal contour. The Board granted an evaluation in excess of 20 percent for lumbosacral strain prior to November 20, 2008.

The Veteran's claim for increased ratings for residuals of a laminectomy and depression was denied. The Veteran's low back disability is rated at 40 percent, effective August 23, 2007.

The Board determined that the Veteran's current back disability is not related to his service, and thus denied his claim for service connection.

The Veteran's claims for PTSD and low back disorder were denied, while the claim of hepatitis C was remanded. The Board found that there was insufficient evidence to support the Veteran's claimed stressors for PTSD and did not reopen his claim for a low back disorder.

The Veteran's chronic lumbosacral strain with degenerative changes at L5-S1 is currently rated as 40 percent disabling on and after June 1, 2005.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine does not render him unable to secure and maintain gainful employment.

The Veteran's appeal is being remanded for additional development, including a new VA examination to address the DeLuca factors and assess functional impairment due to pain.

The Veteran's coronary artery disease, status post myocardial infarction, is rated at 60 percent since the date of claim. The Veteran's chronic lumbosacral strain is rated at 20 percent from April 29, 2002, and prior to that date was rated at 10 percent. There is no rating assigned for joint and muscle pain due to an undiagnosed illness.

The Board has remanded the case due to the need for another hearing and will readjudicate the claims after the hearing.

The Board has denied the Veteran's claims for service connection for a back disability, PTSD, cervical muscle spasm, and residuals of a scalp laceration. The claim for service connection for hypertension and fractures is pending but not addressed in this decision.

The Veteran's appeal is being remanded due to the need for a new VA examination and for issuance of an SOC regarding his hip and knee disability claims.

The Veteran's right knee strain was granted a noncompensable rating from April 29, 2003 to December 12, 2008 and a compensable rating of 10 percent thereafter. The lumbar spine strain was granted an initial disability rating of 20 percent effective April 23, 2003.

The Veteran's claim for special monthly compensation based on the need for aid and attendance is being remanded due to incomplete information from VA examinations.

The Board found that the Veteran's current low back condition is not related to service and denied his claim for service connection.

The Board has determined that the Veteran's current low back disorder is causally related to an in-service injury, and therefore grants service connection for a low back disorder.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a new VA examination to determine if the appellant's lumbar back disorder is related to an inservice injury.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling a VA examination to assess the current severity of the veteran's back disability.

The Board found that the appellant's low back disability was not incurred in active service and denied his claim.

The Veteran's service-connected thoracolumbar scoliosis with degenerative changes is currently evaluated at 20 percent, and the Board finds that an evaluation in excess of this rating is not warranted.

The Veteran's service-connected herniated nucleus pulposus and degenerative joint disease of the lumbar spine has been rated at 40 percent since September 2, 2008. The RO granted a higher rating based on evidence showing that his disability warranted such an increase.