Back / lumbar spine decisions — 2011

The Board has determined that there is no current diagnosis of a low back disorder and therefore, service connection for this condition cannot be granted.

The Veteran's service-connected degenerative disc disease of the lumbar spine and sciatica, right lower extremity are currently rated at 10 percent. The RO has granted a higher initial rating for these conditions.

The Veteran's PTSD was granted a higher initial rating of 50% effective August 20, 2010. His low back disability remains at 40%. The Board also found that the Veteran is unemployable due to his service-connected disabilities.

The Board has denied the appellant's claims for service connection for prostate disorder, tinnitus, scar (claimed as residual of back injury), back disability, kidney condition, and peripheral neuropathy of lower extremities. The VA audiologist concluded that the appellant's post-service tinnitus was not related to his military service.

The Veteran's claim for a rating in excess of 10 percent for his cervical spine disability was denied. His claim for service connection for a right shoulder disorder, which had previously been denied, is being considered de novo due to the submission of new evidence.

The Veteran's service-connected lumbar spine strain does not meet the criteria for a compensable disability rating under VA's General Rating Formula for Diseases and Injuries of the Spine. His hiatal hernia is also rated as noncompensable.

The Board found that the Veteran's current disabilities, including headaches, dizzy spells, and blurred vision, are not related to his service due to lack of a nexus between his in-service head trauma and these conditions. The cervical spine and lumbar spine disabilities were also not linked to his service.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected disabilities and their impact on employment. The claims are also being held in abeyance regarding a TDIU claim.

The Board has remanded the case due to a need for further examination and development of evidence regarding whether the Veteran's current low back disability is related to service. The case will be reviewed again after these actions are completed.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded due to the need for a new VA examination and consideration of ongoing medical records.

The Veteran's appeal involves multiple issues related to his service-connected disabilities, including evaluations for various joint conditions and a request for TDIU. The case is being remanded due to the Veteran requesting a personal appearance before the Board.

The Board denied service connection for cervical spine and shoulder disorders, finding that the Veteran's conditions were not incurred in or aggravated by active military service and are not due to his service-connected lumbar spine disability.

The Board has remanded the case for additional development, including obtaining updated medical records and providing a new VA examination to address the etiology of the appellant's lumbar spine disorder.

The Veteran's lumbar spine disorder has been characterized by pain and limitation of motion, but ankylosis, severe limitation of motion, severe lumbosacral strain, or intervertebral disc syndrome (IVDS) have not been shown. Therefore, the criteria for a higher evaluation in excess of 20 percent are not met.

The Veteran's service-connected lumbar disability with low back pain and paraspinal muscle spasm is currently rated at 40 percent, effective from the date of the July 2007 rating decision.

The Board has determined that the Veteran's claimed back, right knee, left knee, right hand, right shoulder, and left shoulder disorders were not incurred or aggravated during service. The claims are therefore denied.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the Veteran's back disability. The diabetes mellitus claim is also being remanded due to the Court's decision in Haas v. Nicholson.

The Board found that the Veteran's current low back disability is not related to his active service, and denied his claim for service connection.

The Board has awarded service connection for the Veteran's degenerative disc disease of the lumbar spine as aggravated by his service-connected lumbar spine impairment. The claim is granted, subject to further rating and effective date considerations.

The Board has determined that the Veteran's service-connected lumbosacral strain warrants a 10 percent rating, effective from September 2007.