Back / lumbar spine decisions — 2011

The Veteran's claim for an increased evaluation and a total rating based on individual unemployability due to service-connected disability prior to September 9, 2009 was denied. The Board found that the evidence did not support a finding of entitlement to an evaluation in excess of 40 percent for his low back disability or a total rating based on individual unemployability.

The Veteran's claim for service connection for a low back disorder is being remanded due to the need for additional medical examination and opinion regarding the etiology of his current low back condition.

The Board found no evidence of a chronic back disability incurred or aggravated by service, and denied the Veteran's claim for service connection.

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of new evidence.

The Board has reopened the Veteran's claim of service connection for a back disorder and has determined that new and material evidence has been submitted. The Board also found that the Veteran's current lumbosacral spine, cervical spine, and bilateral hip disorders are not related to his active service or any service-connected disability.

The Veteran is seeking service connection for degenerative disc disease of the cervical spine, which he claims is related to his service-connected residuals of a gunshot wound to the left foot. The Board has ordered additional development to determine if the Veteran's cervical spine disorder is aggravated by his service-connected left foot disability.

The Board has granted service connection for the Veteran's lumbar spine disorder, finding that it was incurred in service and is related to his military duties. The left eye disorder claim remains pending.

The Board found that the Veteran's current low back disorder was not incurred in or aggravated by active military service and denied his claim.

The Veteran's claims are being remanded for additional development, including obtaining VA and Social Security Administration records, scheduling the Veteran for VA examinations related to his service-connected patellofemoral arthritis of the right knee, bilateral hip disorder, and low back disorder, and scheduling him for a joint examination.

The Veteran's appeal is remanded due to outstanding VA treatment records and the need for a contemporaneous VA examination.

The Veteran's appeal has been withdrawn and the case is dismissed.

The Veteran's low back disability, manifested by flexion greater than 60 degrees and no associated neurological impairment or incapacitating episodes, does not meet the criteria for a higher rating than 10 percent.

The Veteran's claims for service connection and increased ratings were denied as there was no earlier formal or informal claim for the conditions listed.,An effective date of January 16, 1951 is granted for service connection for headaches.

The Board granted a 40 percent evaluation for the Veteran's service-connected lumbar spine disability from April 1, 2006 to the present. The claims for earlier effective dates for TDIU and SMC based on loss of use of the right foot were denied as there was no evidence showing that these benefits should have been granted prior to September 9, 2008.

The VA reduced the Veteran's disability rating for lumbar paravertebral myositis from 40 percent to 20 percent, effective May 1, 2009. The reduction was improper as there was no material improvement in his condition at that time.

The Veteran's thoracic spine disability is currently rated at 40 percent, and he disagrees with this evaluation. The Board finds that further development is needed to determine the appropriate rating for his thoracic spine disability.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the Board finds that this rating adequately addresses his disability.

The Veteran's claim for an initial rating higher than 10 percent for his low back disability, including associated radiculopathy of the right lower extremity, was denied as there is no evidence that the disability warrants an extra-schedular evaluation.

The Board found that the Veteran's lumbar spine disability existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Veteran is seeking service connection for a low back disorder. The Board has determined that further examination and opinion are needed to determine the etiology of his current low back condition.