Back / lumbar spine decisions — 2011

The Veteran's claim for a compensable rating for lumbosacral strain was granted, and an initial disability rating higher than 10 percent was granted effective February 29, 2008. A higher disability rating of 20 percent was granted effective December 28, 2009.

The Veteran's claim for an increased rating for his cervical spine disability is being remanded due to the need for a new VA examination to assess the current severity of his condition.

The Veteran's claims for service connection for diabetes mellitus, type 2 and increased ratings for lumbosacral strain and left lower extremity radiculopathy associated with lumbosacral strain were denied. The Board found no evidence linking the current conditions to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the current severity of his lumbar spine disability. The issues of increased evaluations for left shoulder disability and hypertension are also being addressed.

The Board has determined that the Veteran's lumbar disc disease is secondary to her service-connected right and left hip bursitis, resolving all reasonable doubt in favor of the claimant.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of any identified back and thoracolumbar spine disorder, as well as any identified left leg radiculopathy and bilateral upper extremity disorder.

The Board has remanded the case for additional development, including verification of service dates and obtaining clinical records. A VA examination is also required to determine if any current right knee, right ankle, right shoulder, or back disorders are related to service.

The Board has remanded the case for additional development, including obtaining service personnel records, clinical records, and VA medical records. The Veteran's claim to reopen his back disorder claim is pending.

The Veteran's service-connected disability due to the loss of use of both lower extremities has been found permanent and total, meeting the criteria for specially adapted housing. However, as he is already eligible for specially adapted housing, his claim for a special home adaptation grant is moot.

The Veteran's service-connected disabilities, including major depression and multiple knee and back issues, render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is being remanded for clarification of his representation and scheduling a hearing before a Decision Review Officer (DRO). The issues are whether he should receive an increased disability rating for bilateral pes planus with osteoarthritic changes and chronic lumbar strain.

The Board denied the Veteran's claims of entitlement to service connection for various conditions, including low back disability, right hip disabilities, right knee disability, diabetes mellitus, hypertension, sinus disability, left knee disability, acquired psychiatric disability (PTSD), and swollen neck glands. The evidence submitted since the previous denial was found not to be new and material.

The Board has determined that the Veteran's low back disability is service-connected, resolving all reasonable doubt in his favor.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as his current disabilities are not found to be the result of VA care, and no fault on VA's part was established.

The Veteran's low back disability is rated at 20 percent, effective from April 22, 2008. The left index finger and hand disability are rated at 10 percent.

The Veteran's claims for increased ratings for lumbar strain and epicondylitis of the right elbow were denied as his conditions did not warrant a higher rating based on the current evidence.

The Board has determined that the Veteran's headaches and lower back disability are related to his military service, granting both claims.

The Veteran's cervical spine disorder is manifested by a limitation of flexion and range of motion, but no clinical observations of muscle spasms or abnormal contour. The Veteran experiences neck pain, stiffness, and loss of sleep, which he manages with over-the-counter medication and a heating pad.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, including degenerative joint disease of the lumbar spine. The decision is based on the evidence of record and does not involve any presumption or exposure basis.

The Veteran's claimed right arm and low back disorders are not shown to have originated in service or be related to any event, injury, or disease therein. The Board finds no evidence of chronic symptoms following service discharge.