Back / lumbar spine decisions — 2011

The Veteran's claim for an increased rating for his service-connected degenerative disc disease, L5-S1, was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes due to his low back disability.

The Board has remanded the case for further development and an examination to determine if the Veteran's back disability is related to his military service.

The Veteran's service-connected lumbosacral strain disability is currently rated at 40 percent, but the Board finds that it does not meet or approximate criteria for a higher rating.

The Board found that the Veteran's current low back disability did not manifest during or as a result of active military service and denied his claim for service connection.

The Veteran meets the percentage requirements for TDIU as he has a single service-connected disability rated at 40 percent or more (migraine headaches) and a combined rating of 70 percent or more. The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Board denied the Veteran's claim for nonservice-connected pension benefits, finding that her disabilities did not render her unemployable and that she met the schedular requirements for consideration but was not permanently and totally disabled.

The Board has denied the Veteran's claims for service connection for degenerative disc disease of the cervical spine and a tail bone disorder due to lack of evidence showing such conditions were incurred in or aggravated by military service.

The Board has remanded the case for additional development of the evidence, including obtaining treatment records and scheduling examinations to determine the nature and etiology of any low back disability and psychiatric disorder. The Veteran's claims for service connection and increased rating will be readjudicated after all relevant information is obtained.

The evidence does not support the claim that the Veteran's low back disorder is related to his service-connected bilateral knee disability, and therefore, service connection for this condition cannot be granted.

The Veteran's claim of service connection for a back disability is being remanded due to the need for additional development, including obtaining medical records and providing an opinion on the etiology of his current cervical spine disability.

The Board has denied the Veteran's claims for compensation under 38 U.S.C.A. § 1151 and service connection for a back disorder, finding that there is insufficient evidence to support these claims.

The Veteran's service connection claims for various conditions, including hearing loss, dental issues, foot pain, cardiac arrest residuals, pneumonia-related pulmonary granuloma, psychiatric disorder, kidney stones, back injury, hemorrhoids, anal fistula, erectile dysfunction, skin disorders, and varicose veins have been granted. The effective date is not specified.

The Veteran's appeal is being remanded for further development, including verification of in-service stressors and a VA examination to evaluate his PTSD and post-operative herniated disc, lumbar spine, L3-4.

The Veteran's service-connected disabilities do not result in the loss of or the loss of use of his hands, do not result in blindness, were not the result of burns, and were not the result of an inhalation injury. Therefore, he is not eligible for a special home adaptation grant.

The Board found no evidence of a current low back disability related to service and denied the Veteran's claim for service connection.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. The primary issue concerns the evaluation of osteoarthritis and degenerative disc disease of the lumbar spine, while another issue pertains to reopening his claim for left knee strain.

The Veteran's lumbar spine disability has been manifested by flexion limited to 30 degrees due to pain upon repetition, but it does not meet the criteria for a higher rating of 40 percent as there have been no incapacitating episodes or unfavorable ankylosis.

The Veteran's claim for specially adapted housing and special home adaptation grant was denied as he does not meet the criteria for either benefit due to his service-connected disabilities.

The Veteran's tinnitus claim is granted. The low back disability claim has been reopened, but the service connection for left L5 radiculopathy remains unclear due to lack of evidence.