Back / lumbar spine decisions — 2011

The Board has determined that additional information is needed regarding the Veteran's service dates and to schedule him for a VA examination to determine the nature, extent, onset and etiology of his claimed disabilities.

The Veteran's service-connected right and left great toe hallux valgus are currently rated at 10 percent each, the maximum allowable under Diagnostic Code 5280. His lumbar spine condition is also rated at 10 percent. The Board finds that no higher ratings can be assigned for these conditions.

The Veteran's claim for TDIU is being remanded due to the need for additional records and information. The case will be reviewed after all requested development has been completed.

The Veteran's service-connected disabilities do not render him unemployable, and the Board finds that he is not entitled to a TDIU.

The Veteran's appeal is being remanded for further development to ensure a complete and current record for appellate review, including obtaining updated VA treatment records and scheduling the Veteran for a new examination of his lumbar disc disease.

The Board has remanded the case due to incomplete medical records and the need to determine if the Veteran was in combat status during his service. The authenticity of lay affidavits submitted by former service mates is also under review.

The Veteran's right wrist disability is not service-connected, as there is no evidence of a current condition or in-service injury. The left eye corneal scar does not result in decreased visual acuity to warrant a compensable rating.,The postoperative left knee meniscal tear resulted in pain and occasional instability but did not meet the criteria for an initial 10% disability rating from August 2009 onwards, nor higher than 10% from February 2009 onwards. The lumbar spine DJD met the criteria for a 20% disability rating since February 2009.

The Board has determined that additional development is needed to determine the nature and etiology of any current low back, throat, chest, respiratory system, bilateral ear, and psychiatric disability. The Veteran will be scheduled for VA examinations to address these issues.

The Veteran's lumbar spine disability is rated at 20 percent, and his pleurisy claim for service connection has been denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable schedular criteria.

The Veteran is seeking service connection for degenerative arthritis of the lumbar spine, which he claims is secondary to his service-connected right knee disorder. The case has been remanded due to conflicting medical opinions and a need for further examination.

The Veteran's claim is being remanded for additional development, including obtaining updated treatment records and arranging for orthopedic and skin examinations to assess the severity of his service-connected disabilities.

The Veteran's appeal is being remanded due to the need for additional development of his medical records and employment history. The claims for increased evaluation for intervertebral disc syndrome, lumbar spine, from 1977 and entitlement to TDIU prior to September 2003 are in pending status.

The Board denied the Veteran's claims of service connection for low back disability, right wrist disability, and left wrist disability. The claim for increased rating for diabetic retinopathy associated with diabetes mellitus type II was remanded.

The Board denied service connection for a low back disorder, finding that the Veteran did not experience chronic symptoms of a low back disorder during or after service.

The Veteran's claim for an earlier effective date for a 40% disability rating for her low back disability was denied as the increase in severity of her condition did not occur within one year prior to her September 2004 claim.

The Board found no evidence to support a service connection for the Veteran's low back disability, concluding that it is not related to his military service.

The Board has determined that the Veteran's low back disability is caused by his service-connected right ankle sprain and grants service connection for this condition. The claim of entitlement to service connection for a left leg disability remains pending.

The Veteran's back disability, characterized by severe degenerative disc disease with recurring attacks and intermittent relief, does not meet the criteria for an evaluation in excess of 40 percent due to lack of incapacitating episodes or unfavorable ankylosis.

The Board has determined that the Veteran's chronic lumbosacral strain is attributable to service, and therefore grants service connection for a low back disorder.

The Veteran's lumbar degenerative disc disease, status post discectomy at L4-L5 and L5-S1, was not manifested by a moderate limitation of motion or intervertebral disc syndrome from June 19, 2001 to May 25, 2005. From May 26, 2005 to March 7, 2010, the disability was manifested by no more than moderate limitation of motion and forward thoracolumbar flexion less than 61 degrees; however, it did not meet the criteria for a higher evaluation.