Back / lumbar spine decisions — 2011

The Veteran disagrees with the initial disability rating of 20 percent for his radial nerve damage to the right arm, and requests a higher evaluation.

The Veteran's appeal is being remanded for additional examinations to determine the current severity of his service-connected lumbosacral spine disability and chronic rhinitis, as well as for any other necessary development.

The Board has denied the Veteran's claim for an earlier effective date of September 10, 2002, for the grant of a total disability rating for compensation based on individual unemployability due to lack of factual ascertainability of his inability to work prior to that date.

The Veteran's claim for an increased disability rating for his service-connected lumbar strain is being remanded due to the need for additional development, including a new VA examination.

The Veteran seeks service connection for a low back condition, claimed as secondary to his service-connected bilateral pes planus. The Board finds that a remand is necessary to determine if the Veteran's current degenerative joint disease of the lumbar spine is related to his active service or his service-connected pes planus, or was aggravated by his service-connected pes planus.

The Board has reopened the Veteran's claim for service connection of a low back disability and finds that new evidence supports this reopening. The Board also finds that the Veteran's current low back disability is related to his active military service.

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and verifying all periods of active duty, ACDUTRA, and INACDUTRA. The appellant will be scheduled for VA examinations in support of her claims for hypertension, left knee disorder, and low back disorder.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the Veteran for VA examinations to assess his current knee and back disabilities.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for osteoarthritis of the lumbar spine. As a result, service connection is granted.

The Board has granted service connection for spondylolisthesis of the lumbar spine, bilateral knee strain, and onychomycosis of the feet as these conditions are considered to be directly related to the Veteran's military service.

The Veteran's chronic lumbar strain is currently rated at 20 percent, and the evidence does not support a higher rating based on his current symptoms.

The Board has determined that the Veteran's claim for earlier effective date for nonservice-connected pension benefits is denied as there is no evidence showing he filed a claim prior to May 19, 2009.

The Board has reopened the Veteran's claims for service connection for a lumbar spine disability, left knee disability, and acquired psychiatric disorder. However, additional development is needed to determine if these conditions are related to his service-connected right knee disability.

The Veteran has established entitlement to service connection for residuals of a right shoulder sprain, but not for any other claimed conditions. The Board finds that the evidence does not support the existence of current disabilities related to his reported injuries in Iraq.

The Board has determined that there is no current diagnosis of rheumatoid arthritis or osteoarthritis in the Veteran's neck or back, and thus service connection for these conditions cannot be granted.

The Veteran's DDD of the dorsal spine was found to have its onset during service, and his PTSD symptoms were found to be productive of total occupational and social impairment as of April 7, 2004. The Board granted service connection for DDD of the dorsal spine and an effective date of April 7, 2005 for a 100 percent rating for PTSD.

The Board denied service connection for low back and right knee disabilities due to lack of evidence showing in-service injury or condition.

The Veteran's appeal has been remanded due to procedural issues and the need for a Travel Board hearing. The claims of service connection for PTSD, lumbar spine disability, left hip disability, peripheral neuropathy, bilateral hearing loss, and tinnitus are still pending.

The Board has remanded the claims for service connection for a low back disability and a jaw disability due to additional development being needed.

The Veteran's service-connected low back disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted prior to January 28, 2009.