Back / lumbar spine decisions — 2011

The Board found that the Veteran's lumbar strain did not meet or approximate the criteria for a higher initial disability rating in excess of 10 percent, and his PTSD did not meet or approximate the criteria for a higher initial disability rating in excess of 30 percent during the initial rating period.

The Board has determined that the evidence received since the May 2002 denial of reopening service connection for lumbosacral strain is not new and material, thus denying the Veteran's request to reopen his claim.

The Veteran's claims for service connection and TDIU were denied as there is no evidence of a chronic back disorder or leg disorder in service, and the current disorders are not shown to be related to service. The Veteran also does not have any service-connected disabilities that would qualify him for TDIU.

The Veteran's claims for service connection have been granted, and he now has a compensable rating for his right wrist strain. His other claims are denied.

The Board denied service connection for a cervical spine disability, finding that the Veteran's current condition was not incurred or aggravated by his military service.

The Veteran's claim for increased ratings for his lumbar spine disability was denied. The Board found that the evidence did not support a rating in excess of 40 percent for orthopedic impairment, and there were no incapacitating episodes or unfavorable ankylosis.

The Board has determined that the Veteran's lumbosacral spine disability is related to service, and thus grants service connection for this condition. Service connection for sarcoidosis is denied as there is no evidence of a chronic lung disability in service or within one year thereafter.

The Board found no evidence of a low back condition during service or for many years thereafter, and concluded that the current disorder is not related to service.

The Veteran's claim for an increased rating for his service-connected DDD of the lumbar spine was granted, with a current evaluation of 40 percent. Separate compensable ratings were also granted for sciatica of both legs.

The Veteran's service-connected degenerative joint disease of the lumbar spine was granted an initial rating of 20 percent effective September 2, 2005. Prior to this date, the disability picture prior to September 2, 2005, more closely resembled moderate overall functional impairment.

The Veteran's low back disability was rated at 20 percent effective May 17, 2010. He previously had a 10 percent rating prior to that date.

The Veteran's appeal has been dismissed due to the death of the appellant. No service connection decisions were made as the case was not adjudicated.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining SSA records and a medical opinion regarding his employability.

The Veteran's thoracolumbar spine disability was previously rated at 10% from September 1, 2007 to May 18, 2010. The VA determined that a 20% rating is warranted for the period from May 19, 2010 forward.

The Veteran's service-connected lumbar and cervical spine conditions have not been found to warrant an evaluation in excess of the currently assigned 10 percent ratings. The fracture to the right fourth metacarpal has also not been found to be compensable.

The Board found that the Veteran's current lumbar spine disability is not related to his military service, and thus denied his claim for service connection. The issue of entitlement to service connection for osteoarthritis of the knees remains pending.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disorder and left lower extremity radicular symptoms, finding that the evidence did not support a rating in excess of 40 percent.

The Board found that the Veteran's current lumbar spine disability is not service-connected, as there was no evidence of a chronic condition in service or within one year after service and the VA examiner provided a negative opinion.

The Board denied the Veteran's claims for service connection for cervical spine disorder, low back disorder, sciatica of the lower extremities, and bilateral knee, hip, and foot disabilities. The decision found that new evidence did not establish a link between these conditions and service.

The Board has reopened the Veteran's claims for service connection for degenerative disc disease and strain/sprain of the lumbar spine, cervical spine, bilateral chondromalacia patella, and sinusitis. The evidence shows that these conditions were incurred in or are related to his military service.