Back / lumbar spine decisions — 2010

The Veteran's appeal is being remanded due to the need for additional development, including a new VA examination and consideration of his TDIU claim.

The Veteran is seeking a total disability evaluation based on individual unemployability due to service-connected disorders prior to October 25, 2006. The Board has remanded the case for further development and consideration.

The Board has remanded the Veteran's appeal to the RO for additional development of his claim, including consideration of whether new and material evidence has been received to reopen claims for service connection for lumbosacral spine degenerative disc disease and chronic diabetes mellitus. The case will be readjudicated after these issues are addressed.

The Board found that the Veteran does not have lumbar radiculopathy and therefore, his claim for service connection for lumbar radiculopathy as secondary to his service-connected lumbosacral myositis was denied.

The Board denied the Veteran's service connection claim for a low back disability in April 1987, and no new and material evidence has been submitted to reopen this claim.

The Veteran is seeking service connection for a lumbar spine disability that he claims is related to his service-connected right knee disability. The case has been remanded due to the need for a VA examination to determine the nature and etiology of any low back disability.

The Board has remanded the case for additional development, including obtaining a new VA audiology and orthopedic examination to determine if the Veteran's current bilateral hearing loss and back disability are related to service. The claims will be reconsidered after these actions.

The Board denied the Veteran's request for an effective date prior to April 13, 2004, for a 20 percent disability rating for his service-connected chronic lumbosacral strain. The decision found that it was not factually ascertainable that the condition met the criteria for a 20 percent rating until after the Veteran's formal claim on April 13, 2004.

The Board denied the Veteran's claims for service connection for lumbar disc discogenic disease, a compensable initial rating for scars on buttocks, and an initial rating in excess of 50 percent for PTSD from August 15, 2003 to December 20, 2008.

The Board has determined that the Veteran's service-connected lumbar and cervical spine disabilities do not warrant an increased evaluation, as they do not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied the Veteran's claims for service connection for diabetes mellitus, a stomach disability to include gastroesophageal reflux disease, and a low back disability. The Board found that diabetes mellitus was not incurred in or aggravated by service, as there is no evidence of chronicity after service. The current stomach disability and low back disability are also not shown to be related to service.

The Veteran's claim for service connection and a total disability rating is being remanded due to the need for additional development of his claims.

The Veteran's claim for an earlier effective date for the grant of service connection for degenerative changes of the lumbar spine is dismissed as he did not file a timely notice of disagreement with the November 1999 rating decision.,The Veteran's claim for an earlier effective date for the grant of service connection for dysthymic disorder is also dismissed, as he did not file a timely notice of disagreement within one year of the December 1997 rating decision.

The Board has determined that the Veteran does not have service connection for pancreatitis, arthritis of the bilateral knees and ankles, herniated disc of the lumbar spine, diabetes mellitus, Type II, or hepatitis C.

The Board has reopened the Veteran's claims of entitlement to service connection for lumbosacral spine injury residuals, head injury residuals, and hypertension. The Veteran submitted new and material evidence that raises a reasonable possibility of substantiating his claims.

The Board has determined that the Veteran's claimed back disorder, bilateral hearing loss, and tinnitus are not related to his active service. The evidence does not establish a nexus between these conditions and his military service.

The Veteran's claims for increased ratings for cervical and thoracolumbar strain were granted, with a rating of 30 percent for cervical strain effective from February 21, 2008. The previous noncompensable ratings have been found to be incorrect.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional development, including obtaining in-patient records and scheduling an orthopedic examination.

The Board finds service connection for a low back disorder is warranted based on continuity of symptomatology since service. The right ankle, hearing loss, and tinnitus claims are denied as there was no in-service injury or disease that could be linked to the current conditions.

The Board has determined that a VA examination is necessary to determine the current nature and likely etiology of the Veteran's right arm, right and left knees, and low back disabilities. The claims are being remanded for these purposes.