Back / lumbar spine decisions — 2010

The Board has granted service connection for tinnitus and increased evaluations for degenerative joint disease of the lumbosacral spine, but remanded to obtain additional medical records and address representation issues.

The Board has granted an effective date of October 25, 1993 for the grant of a 40 percent rating for low back strain.

The Veteran's cervical strain with degenerative disc disease is currently rated at 10 percent, and radiculopathy of the left upper extremity as of October 13, 2009, also warrants a 10 percent rating.

The Veteran's service-connected low back disability is manifested by flexion to between 30 and 60 degrees, and combined range of motion greater than 120 degrees. There is no abnormal gait or spinal contour, and no evidence of incapacitating episodes. The criteria for a higher evaluation are not met.

The Board has determined that the Veteran's current low back disability is related to his period of service, and thus grants service connection for a low back disability.

The Board has reopened the Veteran's claim for service connection for a back disorder and granted it, finding new and material evidence to support the reopening of the claim.

The Veteran's service-connected disabilities do not render him unable to perform activities of daily living without the aid and attendance of another, nor are they so nearly helpless as to require regular aid and attendance on a regular basis. The Board finds that he is not in need of regular aid and attendance.

The Board has remanded the case for additional development, including obtaining VA treatment records and affording the Veteran a VA examination to address his claims of service connection for low back disorder and bilateral knee disorders.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to incomplete service treatment records and a need for a VA medical examination.

The Board has remanded the case for additional development, including obtaining updated VA and private medical records, Social Security Administration (SSA) records, and an examination to determine if a back disability is related to service or service-connected conditions.

The Board found that the Veteran's current low back disability is not related to his service, as there was no evidence of a chronic condition during or after service. The pre-existing scoliosis noted at entry did not worsen during service.

The Veteran's service-connected low back disability is rated at 40 percent, and the Board has granted a TDIU rating based on his inability to work due to his disabilities.

The Board has restored the Veteran's original 40 percent disability rating for his service-connected lumbosacral strain, finding that there was not sufficient evidence to support a reduction.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or automobile and adaptive equipment eligibility.

The Board has remanded the case for additional development due to incomplete records and need for further medical examinations.

The Board has determined that the Veteran's claim for service connection for lumbar disc disability, including as secondary to other conditions, cannot be reopened due to lack of new and material evidence. The appeal is denied.

Throughout the rating period on appeal, the Veteran's residuals, thoracic and lumbar strain have not met the criteria for an evaluation in excess of 20 percent.

The Veteran's appeal is being remanded due to the need for a more contemporaneous VA examination and an opinion on whether his service-connected lumbosacral strain with arthritis aggravates his non-service-connected neck disorder.

The Veteran's hypertension and lumbar strain with intervertebral disc syndrome were evaluated, but the claims for increased ratings were denied as his disability did not meet or approximate the criteria for higher ratings under VA rating criteria.

The Veteran's appeal regarding an effective date prior to July 31, 1995 for the grant of service connection for major depressive disorder has been dismissed. The issues concerning service connection for a cervical spine disorder and a low back disorder have also been remanded.