Back / lumbar spine decisions — 2011

The Veteran's allergic rhinitis and sinusitis are currently rated at 30 percent, which is the maximum rating available under the applicable diagnostic codes. His thoracolumbar spine disability has been rated as 10 percent disabling since September 6, 2007.

The Board found no evidence to support the Veteran's claims of service connection for back disability, headache disability, anxiety disorder, and PTSD. The preponderance of the evidence indicated that these conditions were not related to his military service.

The Veteran's appeal is being remanded to allow for additional VA examinations and consideration of his increased rating claims for degenerative joint disease of the lumbar spine and bilateral hearing loss.

The case is being remanded due to the submission of new evidence for review and a supplemental VA opinion for bilateral hearing loss. The low back issue will also be reviewed.

The Veteran's claims for service connection were denied. The Board found insufficient evidence to support the claims and concluded that there was no direct relationship between his current conditions and his military service.

The Veteran's appeal is being remanded for further development, including obtaining updated treatment reports and scheduling a VA examination to assess the current severity of his cervical and lumbar spine disabilities.

The Board found no evidence of a chronic low back disability during service or that it was caused by the Veteran's service-connected right and left knee, pelvis, and/or right ankle disabilities. The examiner concluded that the current degenerative changes in the Veteran's lumbar spine were not related to his military service.

The Veteran's service-connected disabilities made him unable to obtain and maintain substantially gainful employment as of June 24, 2003. The Board granted an effective date of June 24, 2003 for the TDIU rating.

The Veteran's service-connected lumbar spine disability is rated at 40 percent from December 1, 2008 onward. The claim for a TDIU rating was granted.

The Board denied the Veteran's claims of service connection for muscle spasms of the chest and shoulder, posttraumatic stress disorder, and a low back disability. The decision also referred the issue of whether new and material evidence has been presented to reopen a claim of service connection for a cervical spine disability to the RO.

The Veteran's claims for increased ratings for his service-connected low back disability and hypertension were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.,Specifically, the Veteran's low back disability was rated based on limitation of motion, but no unfavorable ankylosis was shown. His hypertension was also evaluated based on its severity.

The Veteran's service-connected disabilities, including post-operative herniated disc of the lumbar spine with left sciatica, degenerative arthritis of the right knee, radiculopathy of the right and left lower extremities, status post amputation of the left little finger, bipolar disorder, tinnitus, asbestosis, and tinnitus, render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal has been dismissed due to his withdrawal of the appeal.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disorder, to include PTSD; a head disorder; a neck disorder; and a back disorder. The evidence did not establish that these conditions were incurred or aggravated by military service.

The Board has decided to remand the Veteran's claims for further development due to a need for additional substantive development, including scheduling of an appropriate VA examination and notification of the information and evidence necessary to substantiate his claims on secondary service connection.

The Veteran's service-connected diabetes mellitus is found to be the primary cause of his bilateral carpal tunnel syndrome and peripheral neuropathy of the upper extremities. The Board grants service connection for these conditions as secondary to his service-connected diabetes.

The Board has remanded the case for additional development, including obtaining VA and Vet Center treatment records, clarifying whether the Veteran applied for Social Security Administration (SSA) benefits, scheduling examinations to assess the severity of PTSD and any other claimed disabilities, and seeking medical opinions regarding service connection.

The Board has remanded the case due to the need for additional development, including obtaining medical records from various providers and conducting further examination or opinion.

The Veteran's claim for increased SMC at the rate set out under 38 U.S.C.A. § 1114(r)(2) is denied as he does not require daily personal healthcare services provided by a licensed health care professional.