Back / lumbar spine decisions — 2011

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability and erectile dysfunction, finding that the evidence did not support a higher rating based on the severity of his symptoms.

The Veteran's thoracic spine disability is currently evaluated as 40 percent disabling, but the Board finds that his condition does not warrant a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.

The Board has determined that the May 2006, February 2007, and June 2007 rating decisions denying service connection for low back disorder and sleep apnea were not erroneous.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and providing her with a VA examination.

The Board has determined that service connection is warranted for arthritis of the right knee, arthritis of the left knee, and degenerative disc disease (DDD) of the lumbar spine. The Veteran's DDD was found to be at least as likely as not due to or a result of military service.

The Veteran's degenerative disc disease with lumbosacral strain has not resulted in unfavorable ankylosis of the entire thoracolumbar spine, and no incapacitating episodes have occurred. Therefore, a rating higher than 40 percent is denied.

The Veteran's service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment.

The Veteran's permanent and total service-connected disability due to bilateral knee disabilities and lumbar spine disability has been established, which allows for the provision of specially adapted housing.

The Veteran's low back disorder is not service-connected, and the initial compensable evaluation for coronary artery disease with myocardial infarction was denied.

The Board found that the Veteran's current low back disability is not related to his military service and denied his claim.

The Board denied the claim for service connection for a low back disability, finding that there was no evidence of a chronic low back disability in service or within one year post-service. The most persuasive medical opinion indicated that the current lumbar spine disability is not related to service.

The Veteran's claim for PTSD was denied, but his depression is found to be secondary to his already service-connected low back disability. His low back disability remains at a 60 percent rating.

The Veteran's lumbar strain, right knee strain, and left knee strain have been granted service connection with initial ratings of 10 percent each. The effective date is February 22, 2004.

The Board has determined that the Veteran's claimed bilateral knee and back disabilities are not related to service, and therefore denied his claims for service connection.

The Board has determined that the Veteran's diagnosed low back disorder is related to his active service, and thus grants his claim for service connection.

The Board found that the Veteran's low back disability is service-connected and assigned a 20% rating.

The Veteran's claims for service connection and increased ratings are being remanded to allow for further development of the record.

The Veteran requested to withdraw his appeal for the issues of entitlement to higher initial evaluations for his scar on the left shin and for PTSD. As a result, these issues are dismissed.

The Veteran's appeal is being remanded due to his failure to appear at a scheduled hearing before a Veterans Law Judge. The case will be rescheduled for the appropriate type of hearing.

The Veteran seeks service connection for low back and right hip disabilities. The Board has determined that a VA examination is needed to determine the nature and etiology of these conditions, as well as their relationship to his in-service accident.