Back / lumbar spine decisions — 2010

The Veteran's appeal is denied as the June 4, 1985 rating decision did not contain CUE in assigning an initial noncompensable disability rating for residuals of a left tibial fracture with osteoarthritic changes and chronic chondromalacia of the knee. The denial was based on the evidence showing no functional limitations.

The Veteran's service-connected degenerative disc disease of the cervical spine and thoracic spine have not met or more nearly approximated the criteria for a schedular evaluation in excess of 10 percent under the applicable diagnostic codes. Therefore, an increased initial rating is not warranted.

The VA denied increased evaluations for postoperative residuals of herniated disc, lumbosacral spine and tinea versicolor. The Veteran's back disability is currently rated at 40 percent disabling due to limitation of motion and pain.

The Board has determined that the Veteran does not have current low back or sinus disabilities and therefore, service connection for these conditions is denied.

The Veteran's claim for service connection for a right shoulder disability, left shoulder disability, and low back disability was denied. The Board found no evidence of a current acquired psychiatric disability related to service.

The Veteran's claim for a disability rating greater than 40 percent for lumbar spine DJD and DDD was denied as there has been no ankylosis, unfavorable or otherwise, of the thoracolumbar or entire spine during the appeal period. The Veteran's TDIU claim is addressed in the REMAND portion.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board found no evidence of a current disability related to the Veteran's claimed back, left hip, left ankle, and left knee disabilities. The Board also noted that there was no indication of an accident in service or any residual injuries from such an accident.

The Board has determined that the Veteran's current diagnosis of bilateral tinnitus is related to his service, and thus grants service connection for this condition. The other claims are pending further development.

The Veteran's spouse is not considered to be in need of regular aid and attendance based on the criteria set forth in 38 C.F.R. § 3.352(a).

The Board found that the appellant did not have a low back disability or hypertension that was incurred in service, and thus denied his claims.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, a heart disorder, and a low back disorder. The Veteran did not provide competent evidence of current disabilities or link these conditions to his military service.

The Board has determined that new and material evidence has been received to reopen the previously denied claim for service connection for a low back disorder. The Veteran's current low back, right elbow, and right knee disorders are being evaluated based on their direct relationship to her active duty.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and providing a medical nexus opinion regarding the Veteran's low back disability.

The Board has determined that the appellant's lumbar spinal stenosis and spondylosis with radiculopathy warrants a 40 percent evaluation, resolving doubt in his favor.

The Veteran's appeal is being remanded for additional development, including a new VA examination and consideration of extraschedular criteria. The Veteran has been diagnosed with intervertebral disc syndrome (IVDS) of the lumbar spine that causes significant interference with his employment.

The Board has determined that the Veteran's right lower extremity loss is equivalent to a below-the-knee amputation with prosthesis, thus meeting the criteria for special monthly compensation.

The Board denied the claims for service connection for PTSD, an acquired psychiatric disability, a back disability, a respiratory system disability, and hypertension. The appellant's dishonorable discharge barred him from VA compensation benefits related to his period of service.

The Veteran's claims for service connection for an acquired psychiatric disorder (to include PTSD), a back disorder, and tension migraine headaches were denied as there is no credible evidence of in-service stressors or current diagnoses related to his military service.