Back / lumbar spine decisions — 2011

The Veteran's appeal for an earlier effective date for the grant of service connection for osteoarthritis of the lumbosacral spine is denied. The Board found no evidence that the Veteran had filed a claim or informal claim prior to October 23, 2008, and thus, the effective date cannot be earlier than this date.

The Board denied the Veteran's claims for increased ratings and earlier effective dates, finding that service connection was established but not granted for certain conditions.

The Veteran's PTSD and lumbar spine conditions were not found to warrant evaluations in excess of the currently assigned ratings.

The Veteran's bilateral leg disability, diagnosed as right and left lower extremity radiculopathy, is proximately due to or the result of his service-connected low back disability. The Veteran also has a TDIU claim based on his service-connected disabilities.

The Board has reopened the claim for service connection for a back disability and granted it, finding that new and material evidence had been received to support the claim.

The Board has determined that the Veteran's low back disorder is causally related to her service-connected cervical spine disability, and thus grants service connection on a secondary basis.

The Board has granted service connection for a low back disability, diagnosed as degenerative disc disease. The right leg disability is considered part of the right knee disability and not separately service connected. Service connection was denied for bilateral foot and right knee disabilities.

The Veteran's service-connected disabilities, including his lumbar spine condition and psychiatric disorders, preclude him from securing or maintaining substantially gainful employment consistent with his education and industrial background.

The Board has remanded the case for additional development, including obtaining private medical records and providing a VA examination to determine whether the Veteran's complaints of back pain within one year of service discharge represented the onset of arthritis.

The Board has granted the Veteran's petition to reopen his claim for service connection for a low back disorder and remanded the underlying claim on the merits.

The Board denied service connection for low back, right wrist, and right elbow disabilities, as well as a higher rating for the service-connected right ankle disability.

The Board has granted the Veteran's claims for service connection for prostate cancer and incontinence of bowel and bladder, as well as reopening his claim for lumbar degenerative disc disease. The effective date for prostate cancer is set at November 28, 2005.

The Veteran's appeal was denied for service connection for a low back disability and a ganglion cyst of the left hand. The initial compensable rating claim for bilateral pes planus is pending.

The Veteran's increased rating claims for lumbar disc disease and left lower extremity disability have been denied as the evidence does not support a higher rating under the applicable VA rating criteria.

The Board has determined that the Veteran's service connection claim for a psychiatric disorder, identified as insomnia, is granted. The TDIU and increased evaluation claims are remanded.

The Board has reopened the claim for service connection for a skin disorder and granted it, finding that new and material evidence had been submitted. Service connection is also granted for tinnitus. The remaining issues of service connection are addressed in the REMAND portion.

The Veteran's service-connected lower lumbar fracture residuals were evaluated at 10 percent from March 5, 2007 to March 20, 2009 and at 20 percent since March 21, 2009. The Board found that the evidence did not warrant higher evaluations during these periods.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the effect of his service-connected disabilities on his employability.

The Board found that the Veteran's low back disorders, including disc herniations and degenerative disc disease (DDD), were not incurred or aggravated during active service. The evidence did not support a finding of service connection.

The Veteran's thoracolumbar arthritis at L5-S1 with sclerosis is currently rated as 10 percent disabling, reflecting the presence of pain and limited motion. The current rating adequately reflects the severity of her disability.