Back / lumbar spine decisions — 2011

The Board has determined that the Veteran does not have service connection for any of his claimed disabilities, including low back, bilateral hip, left knee, bilateral foot, and bilateral hand disabilities.

The Board has remanded the case due to inadequate examination and need for additional development, including a new VA spine examination.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disorder and found that new evidence submitted since the May 1991 denial is sufficient to reopen the claim. The issue now before the Board is whether there is sufficient evidence to grant service connection for this condition.

The Veteran's service-connected lumbosacral strain was granted a 20 percent rating effective March 5, 2008. Service connection for cognitive disorder due to TBI was also established.

The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which includes the need for assistance with activities such as dressing, undressing, bathing, and attending to personal hygiene needs. The Veteran's service-connected conditions have resulted in significant limitations that necessitate this level of care.

The Board has determined that new and material evidence was presented to reopen the claim for service connection for a low back disability, but it is not granted as there is no medical evidence linking the current condition to service. The claim for an acquired psychiatric disorder other than PTSD remains granted.

The case is being remanded due to the need for additional development and adjudication of the Veteran's claims, including obtaining medical records from Fort Drum and scheduling a VA audiological examination.

The Veteran's arthritis of the lumbar spine is currently rated at 40 percent disabling, effective October 30, 2010. The rating reflects significant limitation of motion and pain in this condition.

The Board has granted service connection for a bilateral shoulder condition, tinnitus, low back disability, and bilateral knee disability. The conditions are related to in-service noise exposure and injuries.

The Veteran's low back disability, when considering pain and corresponding functional loss, is manifested by limitation of flexion to 30 degrees throughout the appeal period. Therefore, a rating of 40 percent is granted.

The Veteran's claims for increased ratings for his service-connected low back disability and radiculopathy of the left lower extremity were denied. The Board found that the evidence did not meet the criteria for an increased rating under any applicable diagnostic codes.

The Board has remanded the case due to a scheduling issue and will be scheduled for a videoconference hearing at the RO.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that there is no evidence of a chronic condition in service or continuity of symptomatology after service. The VA examiner opined that the current low back disability is not related to service or his service-connected bilateral foot disabilities.

The Veteran's service-connected disabilities, including radiculopathy of the bilateral lower extremities and low back disability, render him unable to secure or follow substantially gainful employment. The Board grants a total disability rating based on individual unemployability (TDIU).

The Board found no direct evidence linking the Veteran's current low back disorder to his active service. The examiner opined that it was less likely than not related to service.

The Veteran's initial disability ratings for low back disability have been granted and are set at 10 percent prior to January 23, 2007, and 30 percent from March 11, 2011. The appeal is not about service connection but rather the appropriate rating.

The Board has remanded the case for additional development, including obtaining outstanding service records and affording the appellant a VA examination. A video-conference hearing is also required.

The Veteran's service-connected disabilities do not meet the criteria for automobile and adaptive equipment or specially adapted housing benefits due to his inability to walk without significant assistance.

The Board found no evidence of a chronic right knee or low back disability in service and denied service connection for these conditions.

The Board has denied all claims for initial compensable evaluations, finding no indication of ongoing or new symptoms that would warrant a higher evaluation.