Back / lumbar spine decisions — 2011

The Veteran's service-connected conditions, including PTSD, sleep apnea, and chronic back condition, have rendered him unable to secure or follow substantially gainful employment due to his psychiatric disorders and physical disabilities. The Board has granted a TDIU based on these factors.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine is currently rated at 20 percent, effective May 1, 2010. The Board finds that this rating is appropriate as of August 28, 2008.

The Veteran's claims for higher initial ratings for his service-connected conditions were denied. The VA found that the current evaluations adequately reflected the severity of his disabilities.

The Board has determined that there are no neurological abnormalities associated with the Veteran's service-connected low back disability, and thus a separate evaluation for such is denied.

The Board has determined that the Veteran's current low back disability is not service-connected, as it is more likely due to a post-service injury in 1997.

The Board has remanded the case for additional development due to inadequate VA examinations in previous remands. The appellant's claim will be reconsidered based on new evidence and opinions from a VA clinician.

The VA denied the appellant's claims for increased evaluations for his degenerative disc disease of the lumbar spine and radiculopathy, as these conditions are currently rated at 40 percent.

The Board has determined that the Veteran's current back disorder did not exist prior to military service and is not related to his military service.

The Veteran's claim for a higher rating for her low back syndrome was granted, with the current evaluation of 40% being maintained.

The Veteran's low back disability, including degenerative disc disease at L5-S1, is currently rated as 40 percent disabling. The Board denied an increased rating for the low back disability and also denied separate ratings for left lower extremity radiculopathy and right lower extremity radiculopathy.

The Board has reopened the Veteran's claim of service connection for a low back disability and granted it, finding new and material evidence to support the claim.

The Board denied service connection for a back disability and peripheral neuropathy of the lower extremities, finding that there was no evidence linking these conditions to active service. The Veteran's current disabilities were attributed to post-service events or conditions.

The Veteran's degenerative disc and joint disease of the lumbar spine is currently rated at 40 percent, effective February 5, 2007.

The Veteran's service-connected back disability is rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claim for service connection for a low back disability was denied, and his claim for an increased rating for chondromalacia of the patella of the right knee was granted with a 10 percent rating.

The Veteran's lumbar spine disability is currently rated at 20 percent, and no higher, for the period from March 1, 2002 to July 5, 2006.

The Veteran seeks travel payments for June 2009 to a VA medical facility. The case is remanded due to incomplete records, unclear reasons for denial of claims, and the need for an examination regarding whether swimming was part of basic care.

The Veteran's claim for an extra-schedular rating for his service-connected cervical spine disorder was denied. The Board found that the disability presented with symptoms already accounted for by the schedular criteria and did not meet the requirements for an extraschedular evaluation.

The Board has remanded the case due to inadequate examination reports and a need for further development of the record.

The Board dismissed the appeal due to the appellant's death, and no request for substitution was made.