Back / lumbar spine decisions — 2011

The Veteran's left ear hearing loss is currently rated as noncompensable, and his low back disability remains in remand status due to insufficient development.

The Veteran's service-connected mid-back disability is rated at 40 percent effective September 23, 2003. The condition is manifested by Harrington rods between T1 and T7 as well as pain to include pain at the extremes of motion.

The Veteran's claims for increased evaluations of his low back disability, sinus condition, and headaches have been denied. The evidence does not support a higher evaluation based on the current manifestations of these conditions.

The Veteran's intervertebral disc syndrome of lumbar spine L3-5 with degenerative changes is currently evaluated at 40 percent, which does not meet the criteria for a higher evaluation. The right peroneal nerve neuritis has been evaluated as 10 percent disabling.

The Veteran's claim for a higher evaluation for his inactive tuberculosis of the thoracic spine, T-4 vertebra with degenerative disc disease was denied. The Board found that he did not meet the criteria for an evaluation in excess of 20 percent from September 26, 2003 to January 10, 2007, and from January 11, 2007 to June 11, 2008. The claim was also denied as he did not meet the criteria for an evaluation in excess of 20 percent since June 12, 2008.

The Veteran's initial ratings for her service-connected degenerative disc disease of the thoracolumbar spine have been denied as they do not meet the criteria established under VA rating criteria.

The Veteran does not have a right hip disability or lumbar spine disability that were caused or aggravated by his service, or by a service-connected condition.

The Veteran's appeals were denied for increased ratings and an earlier effective date for TDIU.

The Board has remanded the case for further development and consideration, including obtaining additional medical records, scheduling a VA examination, and readjudicating the issues on appeal.

The Board found that the Veteran's pre-existing low back disability did not meet the criteria for service connection due to lack of aggravation during his periods of active military service.

The Board has determined that the Veteran's claimed acquired psychiatric disorder, to include PTSD and depression, did not have onset during service or is not related to his active duty. The back disability was also found not to be linked to service. Lastly, the skin condition other than pseudofolliculitis barbae was deemed unrelated to service.,The Veteran's claims for an acquired psychiatric disorder (to include PTSD and depression), a back disability, and a skin disability other than pseudofolliculitis barbae were denied by the Board.

The Board has granted service connection for a chronic testicular disorder, but denied service connection for right knee and low back disorders.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining medical records and providing proper notice.

The Veteran's claims of service connection for low back, left hip, and bilateral foot disorders are being remanded due to incomplete service treatment records and the need for additional examination.

The Veteran's PTSD has been granted service connection, but the RO found that it does not warrant a rating in excess of 30 percent.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a VA examination to determine the nature, extent, and etiology of the Veteran's claimed low back disability.

The Board denied service connection for low back injury and stomach disability, finding no evidence of a current disability related to service.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security disability application and underlying medical evidence, and scheduling a VA spine examination to determine the likely etiology of his low back disorder.

The Veteran's appeal is remanded due to the need for further examination and consideration of his claim for a total disability rating based on individual unemployability. The RO must obtain medical records, schedule the Veteran for an examination, and consider all evidence in deciding his claim.

The Veteran's bilateral knee disabilities are rated at 10 percent each, and service connection for a low back disability is granted as secondary to his service-connected knee and foot disabilities.