Back / lumbar spine decisions — 2011

The Veteran's service-connected low back disability is currently rated at 10 percent, and the claim for an increased rating has been denied. The Veteran's service-connected migraine headaches have also been rated at 10 percent effective October 20, 2010.

The Board has determined that the Veteran's low back disability is service-connected, but his right shoulder calcified tendonitis is not.

The Veteran's service-connected back disability was rated at 40 percent effective May 27, 2010. The rating is for the entire appeal period and includes sensory loss of both lower extremities and bowel incontinence.

The Board found that the Veteran's current bilateral hearing loss, back disability, and foot disability are not related to his service. The evidence does not support a finding of in-service injury or disease for any of these conditions.

The Veteran's degenerative disc disease of the lumbar spine was not characterized by severe impairment, and his radiculopathy and peroneal neuropathy were of no more than moderate severity. The Board denied increased ratings for these conditions.

The Board has determined that the Veteran's current low back disability was incurred in service, and thus granted service connection for this condition.

The Board denied the Veteran's request to reopen his claim of service connection for residuals of a back injury and also denied his TDIU claim. The July 2001 RO decision is final as it was not appealed.

The Board has granted service connection for bilateral hip disabilities but denied the Veteran's claims of service connection for a back disability, right knee disability, left knee disability, and right and left hip disabilities.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's cervical spine disability is rated at 20 percent, and his thoracolumbar traumatic arthritis is rated at 40 percent. The Board granted the Veteran a TDIU rating effective from June 26, 2007.

The Veteran's low back disability, characterized by pronounced intervertebral disc syndrome and moderate limitation of motion, is rated at the highest possible under the applicable rating criteria.

The Veteran's service-connected disabilities alone preclude substantially gainful employment consistent with his education and occupational experience, and the Board grants TDIU on an extraschedular basis.

The Board finds that the Veteran's current back disorder is not related to his service, and thus denied his claim for service connection.

The Board has determined that the Veteran's arthritis of the spine and low back disorder are related to service, granting service connection for these conditions.

The Veteran's claims for an increased rating for her lumbar sprain and strain disability, as well as a total disability rating based on individual unemployability due to service-connected disabilities, are being remanded for further development.

The Veteran's combined schedular rating for his service-connected disabilities is 60 percent, which does not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The Veteran's claim for special monthly compensation based on the need for aid and attendance or housebound status is being remanded due to outstanding VA and private treatment records, SSA records, and a need for an examination.

The Board has determined that the Veteran's claimed disabilities are not service-connected, with no current evidence of chronic left knee disability, cervical spine disability, thoracolumbar spine disability, or bilateral hearing loss. The claims for these conditions have been denied.

The Veteran's appeal is being remanded for additional medical examination and development of her claims, including a TDIU claim.

The Board denied the Veteran's claims for entitlement to service connection for a low back disorder and entitlement to a compensable evaluation for tonsillitis and cervical adenopathy. The Board found that the Veteran did not have a low back disorder during service or within one year thereafter, and there was no evidence of an in-service injury or disease causally related to his current condition. For the compensable evaluation claim, the Board noted that the Veteran's tonsillitis and cervical adenopathy were manifested by intermittent complaints treated at home.