Back / lumbar spine decisions — 2011

The Veteran's service-connected disabilities, including his major depressive disorder and degenerative arthritis of the knees and spine, render him unable to secure or follow a substantially gainful occupation.

The Veteran's lumbar spine disability was granted a 40% rating from June 18, 2010. The left knee arthritis and instability issues remain unresolved.

The Veteran's service-connected low back disorder is currently rated at 60 percent, effective from February 18, 2003. The claim for TDIU was also granted effective from the same date.

The Veteran's appeals for increased ratings for his service-connected foot disabilities have been denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran's cervical spine disability is currently rated at 30 percent, which does not meet the criteria for a higher rating.,The Veteran's cervical radiculopathy of the left upper extremity and right upper extremity are both currently rated at 20 percent, which also do not meet the criteria for a higher rating.,The Veteran's tinea versicolor is currently rated at 30 percent, which does not meet the criteria for a higher rating.

The Board has determined that further development is needed to adjudicate the Veteran's claim for service connection of a low back disorder, including obtaining records from the Railroad Retirement Board and scheduling an appropriate VA examination.

The Veteran's headaches are currently rated at 30 percent, effective July 8, 2008. The Veteran's PTSD is not entitled to an initial rating in excess of 30 percent prior to March 5, 2009. From March 5, 2009, the Veteran's PTSD warrants a 50 percent rating. Service connection for a mid-back disorder was denied.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for spinal meningitis, but the Veteran does not have a current diagnosis of spinal meningitis or its residuals.

The Veteran's appeal for a higher rate of payment in excess of 50 percent for educational assistance under Chapter 33, Title 38, United States Code was denied as she did not meet the criteria for discharge from active duty due to service-connected disability.

The Board denied the Veteran's claim to reopen his service connection for a back condition, finding that no new and material evidence had been presented.

The Veteran's disability evaluation for herniated nucleus pulposus, L5-S1, postoperative, with degenerative disc disease was increased to 40 percent effective October 9, 2007. Prior to this date, the disability was rated at 20 percent.

The Board has determined that further development is necessary before adjudication of the issues on appeal, including obtaining SSA disability determination and medical records associated with the determination, providing a new VA examination for the Veteran's low back disability, and scheduling another VA examination to determine if the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has reopened the Veteran's previously denied claims for service connection for degenerative disc disease of the cervical spine, a left thigh disorder, and a chronic headache disorder. The evidence submitted since the previous decisions supports these claims.

The Veteran's requests to reopen his claims for service connection for residuals of frostbite in the bilateral feet and ears were denied. His claim for a lumbar spine disability was also denied, as there is no evidence of a current disability related to service. The claim for bilateral lower extremity peripheral neuropathy was also denied.

The Veteran's appeal is being remanded for further evaluation due to the need for updated VA treatment records and a new VA examination.

The Veteran's claim for service connection for bilateral hearing loss disability, degenerative changes of the lumbar spine, internal derangement of the left knee, and degenerative joint disease of the right knee was denied. The Board found no current disability related to service.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for a left knee condition and low back condition, including an examination to determine if any current conditions are related to service or pre-existing injuries.

The Veteran's lumbar spine disability is currently rated at 10 percent, but does not meet the criteria for a higher rating based on limitation of motion or incapacitating episodes.

The Board has determined that the Veteran does not have a back disability or radiculopathy/neuropathy of the lower extremities that is attributable to his active military service.

The Board has remanded the case for further development, including obtaining service treatment records and a VA examination to determine if any current lumbar spine disability is related to service.