Back / lumbar spine decisions — 2011

The Veteran's service-connected residuals of a back injury, including multilevel degenerative disc disease and degenerative arthritis, are rated at 40 percent throughout the appeal period. The associated right lower extremity lumbar radiculopathy is rated at 20 percent, while left lower extremity lumbar radiculopathy is also rated at 20 percent.

The Board has determined that the Veteran's original claim for service connection was received on September 16, 2002, before his discharge from service. Therefore, an effective date of October 1, 2002, is granted for the grant of service connection for multiple disabilities.

The Board has determined that the Veteran does not meet the basic eligibility requirements for VA non-service-connected pension benefits due to his discharge from service due to character concerns, and there is no evidence of a current disability or in-service injury/illness linking any claimed conditions.

The Veteran's reactive airway disease was first manifested during service and is considered to be related to service. The Board finds that the Veteran has a current low back disability, which may have been caused by his in-service urinary tract infection. A VA examination is needed to determine the likely etiology of any current cervical spine disability.

The Board has determined that the Veteran's right ear hearing loss, lumbosacral spine disability, and chondromalacia of the right patella are all service-connected.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for a right upper arm disability, left ulnar neuropathy, low back disability, bilateral shoulder disability, bilateral leg disability, forehead cyst, and neurological disability of the left hand. However, after review of all available evidence, including service records and post-service medical records, the Board finds that there is no credible evidence establishing a link between these disabilities and active duty service.

The Board has remanded the case due to the need for additional development, including obtaining service treatment records and conducting VA examinations.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a comprehensive VA orthopedic and neurological examination, as well as a VA psychiatric examination.

The Board found no evidence of a back disorder in service and denied the Veteran's claim for service connection, concluding that his current degenerative disc disease is not related to his military service.

The Board has determined that the Veteran does not have a current low back or kidney disability that is related to service, and therefore, service connection for these conditions cannot be granted.

The Board denied the Veteran's claims for service connection for various conditions, including GERD and residuals of gallbladder removal. The evidence did not establish a link between these conditions and active service.

The Board has remanded the case for further development, including scheduling a VA examination and reviewing additional private medical records.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for low back disability and left leg pain. However, both claims remain denied as there is no direct or secondary service connection established.

The Board has reopened the Veteran's claims for service connection for an acquired psychiatric disorder, bilateral elbow arthritis, a low back condition, and a left knee condition. However, these claims are being REMANDED to further develop the evidence.

The Board found that the Veteran's lumbar degenerative disc disease did not meet or approximate criteria for a higher rating, as there was no ankylosis and no associated neurological symptoms. The current 40 percent rating remains in effect.

The Veteran's initial claim for IDS was granted with a 20% rating effective March 1, 1999. The rating was increased to 40% effective December 21, 2005.,Since January 15, 2010, the Veteran has been rated at 60% for IDS due to severe limitation of motion and complete paralysis of the sciatic nerve bilaterally.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently rated at 40 percent, which corresponds to the criteria for a 40 percent evaluation under Diagnostic Code 5243. The disability picture does not meet or approximate the criteria for an evaluation in excess of 40 percent.

The Veteran's back disability is rated at 20 percent, and his left lower extremity radiculopathy secondary to the back disability is separately rated at 10 percent. The Board finds that these evaluations are appropriate based on the evidence of record.

The Board has remanded the case for additional development to obtain medical opinions and records, including morning/sick reports from the appellant's service period.