Back / lumbar spine decisions — 2011

The Veteran's low back disability was initially evaluated as noncompensable prior to December 4, 2006. Since then, he has been rated at 10 percent for the entire period of appeal.

The Board has determined that there is no medical evidence linking the Veteran's current lumbar spine disability to his military service, and thus denied the claim for service connection.

The Board has granted service connection for tinnitus and right inguinal hernia, status post repair. The Veteran's PTSD is rated at 70 percent since the effective date of his claim. The issues of amebic dysentery, right appendectomy scar, residual of a back disorder, and tonsillectomy are withdrawn by the Veteran.

The Veteran's bilateral pes planus is currently evaluated at 30 percent, and the Board finds that a higher evaluation of 60 percent is warranted based on functional loss due to service-connected lumbar spine disorder.

The Board found that the Veteran's service-connected lumbar spine disability does not meet or approximate the criteria for a higher rating, as it did not show forward flexion of the thoracolumbar spine at 30 degrees or less, nor was there evidence of favorable ankylosis. The Veteran's symptoms were considered in light of the applicable diagnostic codes.

The Veteran's appeal is being remanded for further review, including scheduling a Travel Board hearing.

The Veteran's osteoarthritis of the right and left knees are currently rated at 10 percent each, but his lumbar spine arthritis is rated at 10 percent. The appeal for higher ratings on both knee conditions has been denied.

The Veteran seeks service connection for a low back disability, which he claims is secondary to his service-connected non-Hodgkin's lymphoma. The case is being remanded for further development and an opinion regarding the nature and etiology of the claimed condition.

The Board has granted a 20 percent rating for chronic lumbosacral strain effective June 29, 2009. The Veteran's radiculitis of the right lower extremity continues to be rated at 10 percent.

The Board has determined that the Veteran's claims for service connection for a back disability and neck disability must be remanded due to the need for additional development, including obtaining updated VA treatment records and arranging for an examination.

The Board denied entitlement to increased ratings for osteoarthritis of the thoracic and lumbar spine, finding that the Veteran's disability did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board found that the Veteran's low back disability, manifested by pain and limitation of motion, did not meet or approximate the criteria for a disability evaluation in excess of 20 percent.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was granted, with the highest possible evaluation of 40 percent being assigned since April 12, 2007.

The Board has determined that additional development is necessary due to inconsistencies in the appellant's claimed low back and tinnitus injuries occurring outside of his verified periods of INACDUTRA service. The claims are being remanded for further examination and opinion.

The Board has determined that the Veteran does not have a neck/upper back disability, migraine headaches, or right lung disorder due to service. Service connection is granted for major depressive disorder.

The Veteran's claim for a higher rating for his lumbar spine injury with degenerative joint disease was denied as the evidence did not show forward flexion of the thoracolumbar spine to be 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or intervertebral disc syndrome with incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Board has granted service connection for lumbar strain and DDD of the lumbar spine, but denied service connection for cervical spine disability and fibromyalgia.

The Veteran is seeking service connection for a back disability that he contends resulted from an in-service fall. The VA examiner found the cause of his current back condition less likely than not related to service, but this opinion was based on the absence of documentation in the record and did not consider the lay evidence.

The Veteran's service-connected low back strain and degenerative disc disease of the lumbar spine, with a history of fusion surgery, did not meet the criteria for an increased rating beyond 40 percent from July 11, 2007.

The Board denied the Veteran's claim for service connection for a back disability, finding no evidence of an injury or disease during active duty. The issue regarding reopening her acquired psychiatric disability other than PTSD was also addressed and found to be not on appeal.