Back / lumbar spine decisions — 2011

The Veteran's claims for increased ratings for his low back disorder and right hip disorder were denied as the evidence did not show entitlement to a higher rating based on limitation of motion or incapacitating episodes.

The Board denied service connection for lower extremity pain, as well as increased ratings and earlier effective dates for the residuals of cold injury to both hands. The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was also denied.,There is no indication that any of these claims were granted or partially granted.

The Board has reopened the Veteran's claim for service connection for thoracic spondylosis and chronic lumbar strain (claimed as low back condition) due to new evidence received since the September 1975 denial. The issues of service connection have been granted, but the rating assigned is 0%.

The Veteran's hypertension, sinusitis, right knee tendinitis, and lumbosacral strain have been granted initial evaluations of 10 percent each.

The Board denied the Veteran's claims for service connection for hearing loss and an increased rating for degenerative disc disease of the lumbar spine, finding that there was no evidence to support these claims.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues of entitlement to an increased rating for his low back disability and TDIU are being addressed.

The Veteran's low back strain rating was reduced from 40 percent to 10 percent effective October 26, 2004. The Veteran is now seeking an increased rating for his low back disability.

The Board denied service connection for a lumbosacral disorder and residuals of a cervical spine fracture with quadriparesis, finding that the Veteran's current conditions are not related to her military service.

The Veteran's low back disability is now rated at 40 percent disabling, effective November 30, 2010. He also has a separate 10 percent evaluation for right lower extremity radiculopathy.

The Board has remanded the Veteran's claims due to insufficient medical opinions regarding his back disorder and other service connection issues. The case will be returned for further development.

The Board has remanded the case for further development, including a VA examination and consideration of new evidence.

The Veteran's initial claim for a higher rating for his thoracolumbar spine disorder was granted, with an initial evaluation of 20 percent effective from May 29, 2002. The case has been remanded to consider separate ratings for associated neurological abnormalities and TDIU.

The Board has granted the Veteran's claims for service connection for a low back disability, chronic sinusitis, headaches, a right inguinal hernia, and hemorrhoids. The remaining issues have been remanded.

The Veteran's low back disability was rated at 10 percent prior to July 11, 2008 and increased to 20 percent beginning July 11, 2008. The rating for paresthesia and radiculitis associated with the service-connected lumbar spine condition is also granted.

The Veteran's service-connected low back disability is rated at 40 percent, and she does not meet the criteria for a higher level of SMC based on need for aid and attendance.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the etiology of his claimed prostate cancer and throat disorder.

The Board finds that the Veteran's current lumbar spine disability, specifically degenerative disc disease, is etiologically related to his active service and grants his claim for service connection.

The Veteran's claim for a total disability rating based on individual unemployability is denied as the evidence does not show he was unable to work prior to January 3, 2008.,The Veteran's eligibility for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, is also denied as his claim cannot be granted earlier than January 3, 2008.

The Board denied service connection for a low back disability, finding that the Veteran's current condition is not related to his period of active service or any incidents therein. The Board also found that the low back disability was not proximately due to, the result of, or chronically aggravated by his service-connected left ankle disability.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Board hearing. The case will be returned to the RO to arrange for a new hearing.