Back / lumbar spine decisions — 2010

The Veteran's degenerative disc disease of the lumbar spine with discectomy was rated at 10 percent before August 14, 2008 and at 20 percent from August 14, 2008.

The Veteran's lumbar strain is currently rated as 10 percent prior to September 1, 2009 and 20 percent since then. The Board has determined that she does not meet the criteria for a higher rating at any time during this period.

The Board has determined that a VA medical examination is necessary to determine the etiology of the Veteran's claimed low back disability and whether it is related to service. The case will be remanded for this purpose.

The Board found that the Veteran's right knee disorder and low back disorder are not related to service, thus denying his claims for service connection.

The Veteran's gallbladder disease resulting in a cholecystectomy is service-connected. The initial rating for lumbosacral degenerative disc disease and lumbar degenerative joint disease remains at 20 percent.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to conflicting medical evidence and the need for additional examination.

The Veteran's claims for service connection were granted, with the exception of those related to hearing loss and arthritis pain. The Veteran was also awarded initial evaluations in excess of 10 percent for certain conditions.

The Board has determined that the Veteran's lumbosacral strain and degenerative joint disease warrant a 10 percent evaluation, which is the maximum schedular rating available for these conditions.

The Veteran's right knee, right hip, and low back disabilities are found to be related to his military service. Service connection is granted for these conditions.

The Board has determined that the Veteran's claimed conditions are not related to his service and have denied all of his service connection claims.

The Veteran's claim for increased ratings for bilateral hearing loss and degenerative disc disease of the lumbar spine and right lower extremity neuropathy was denied. The Board found that the evidence did not warrant a higher rating based on the current state of his service-connected disabilities.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a low back disorder. However, the Veteran's current low back disability is not etiologically related to his active service.

The Veteran's service-connected bilateral hearing loss was reduced from 10% to noncompensable effective November 1, 2008. His other claims for increased evaluations were denied.

The Board has granted service connection for a thoracolumbar spine disorder manifested by pain. The issue of entitlement to service connection for bilateral plantar fasciitis is remanded due to inadequate medical evidence in the record.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be rescheduled for the next available hearing date at the same facility.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral insufficiency with spondylolisthesis was denied as the evidence did not show forward flexion of the thoracolumbar spine less than 30 degrees or favorable ankylosis, and there were no incapacitating episodes requiring physician-prescribed bed rest.

The Veteran's current low back pain and difficulty urinating are not considered to be related to the service-connected spinal abscess, which has resolved. The Board finds that these residuals are not due to VA care or treatment.

The Veteran's service-connected residuals of a sacroiliac injury with spondylarthrosis, lumbar vertebrae are manifested by pain and limited motion without ankylosis or incapacitating episodes. The criteria for a higher evaluation have not been met.

The Veteran's claim for an initial rating higher than 20 percent for service-connected chronic lumbar strain with degenerative disc disease was granted. A separate rating of 40 percent for radiculopathy of the left leg, effective from May 12, 2010, was also granted.

The Board has denied the Veteran's claims for service connection for a coccyx disability and a psychiatric disorder, finding that there is no evidence of a nexus to service or a separate identifiable disability. The appeal regarding secondary service connection for a psychiatric disorder was also denied.