Back / lumbar spine decisions — 2010

The Veteran's PTSD causes significant impairment in work, social relationships, and mood. The Board has granted a 70 percent rating for PTSD.

The Veteran's lumbar spine disability was granted an initial rating of 10 percent, but the psychiatric disorder and pseudofolliculitis barbae claims were denied. The appeal for service connection on all three issues is considered 'mixed' due to some elements being granted.

The Board found no current competent evidence of deviated nasal septum, bilateral knee disability, or low back disorder. Therefore, service connection for these conditions was denied.

The Board has remanded the case due to inadequate reasons and bases in its February 2008 decision, which found that the Veteran's back disability was not service-connected. The Court of Appeals for Veterans Claims (CAVC) agreed with the Secretary’s concession that the June 2005 opinion is based solely on the Veteran's reported history.

The Board denied the Veteran's applications to reopen his claims for service connection for a low back disorder and bilateral hearing loss disability, finding no new and material evidence.

The Veteran's low back disability is manifested by flexion to greater than 30 degrees, even with repetitive motion, no incapacitating episodes, and no neurological abnormalities. The criteria for an initial disability rating in excess of 20 percent have not been met.

The Veteran's low back disability has been rated at 40 percent for the period prior to August 4, 2009, and a rating of 20 percent has been granted for urinary incontinence as a neurological manifestation of his low back disability since June 1, 2005. Fecal incontinence was also rated at 30 percent effective from June 1, 2005.,The Veteran's other neurological manifestations of the low back disability have been rated at 40 percent for the period prior to August 4, 2009, and a rating of 20 percent has been granted since May 20, 2005.

The Board found that the Veteran's current back and bilateral knee disabilities were not incurred in service, and thus denied service connection for these conditions.

The Board has determined that the Veteran's claimed disabilities were not incurred or aggravated during active service and are not shown to have developed as a result of an established event, injury, or disease during active service. The claims for service connection are therefore denied.

The Board found that the Veteran does not have a current diagnosis of a chronic low back disability and denied his claim for service connection.

The Veteran is seeking a TDIU due to his service-connected disabilities, including chronic lumbar strain syndrome and peripheral neuropathy. The case has been remanded for further examination and evaluation of the impact of these conditions on employment.

The Board has remanded the Veteran's claims due to further development of evidence being required before adjudicating his pending claim for an increased disability evaluation for his right knee necrotizing fasciitis and his claim of entitlement to service connection for nerve damage of the right knee.

The Board found that the appellant's claim of service connection for a low back disorder, including as secondary to his service-connected bilateral foot disability, was not substantiated by new and material evidence. The RO had previously denied this claim in October 2004.

The Board has found that the Veteran's thoracolumbar and cervical spine disabilities are related to service, granting service connection for both conditions.

The Board denied the Veteran's claims for service connection for a lumbar spine condition, right foot condition, initial compensable evaluations for service-connected patellofemoral syndrome of the right knee and service-connected right ankle strain, and an initial disability evaluation in excess of 10 percent for service-connected bursitis of the right hip.

The Board denied all issues related to service connection and initial evaluations for various disabilities, finding that the evidence did not meet the criteria for increased ratings under applicable diagnostic codes.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's current back condition is related to his in-service injury. The appeal will be reconsidered after this development.

The Board has determined that additional development is needed to properly adjudicate the appellant's claims for service connection, including obtaining medical records and scheduling VA examinations.

The Veteran's lumbar spine condition and right lower extremity radiculopathy are currently rated at 20 percent each, which is the maximum schedular rating available for these conditions.

The Board has remanded the case to the RO for further development, including scheduling a Travel Board hearing.