Back / lumbar spine decisions — 2011

The Veteran's claims for an earlier effective date for service connection and TDIU were denied as there was no evidence of unemployability prior to April 1, 1999.

The Veteran's lumbar spine disability, prior to May 6, 2008, did not meet the criteria for a higher rating than 10 percent under any applicable rating code.

The Veteran's PTSD is rated at 50% and granted, while his back disability remains ungranted due to lack of service connection.

The Board found that the evidence received since the September 1996 rating decision was not new and material, thus denying the Veteran's claim for service connection for a back disorder. The left shoulder disorder issue is pending as it has yet to be addressed.

The Board has determined that the Veteran's service-connected disabilities rendered him unemployable as of September 12, 2001. Effective November 14, 2002, his TDIU was granted with a rating of 50 percent.

The Board has determined that service connection is granted for degenerative changes in the lumbar spine and osteoarthritis of the right knee, finding them at least as likely as not due to an in-service ship collision.

The Board has granted service connection for schizophrenia, a psychiatric disability. The Veteran's back disability is not addressed in this decision as it was referred to the RO for further action.

The Veteran's coronary artery disease is presumed to have been incurred in service due to herbicide exposure. The Board finds that the Veteran has a current low back disability, but there is insufficient evidence to determine if it was caused by service or another condition.

The Veteran's service-connected hemorrhoids and degenerative disc disease of the lumbar spine were denied, while his radiculopathy was granted. The right shoulder disorder claim has been reopened.

The Veteran's claims for service connection were denied. The Board found that the Veteran did not have a right wrist injury or disease, abdominal pain, or lumbosacral spine disability due to lack of evidence and medical findings.

The Board found that the Veteran's lumbar laminectomy and fusion did not meet the criteria for a higher rating, as there were no incapacitating episodes requiring bed rest or unfavorable ankylosis of the thoracolumbar spine.

The Board denied the Veteran's claims for service connection for neck and upper back disabilities, finding that there was no credible evidence linking these conditions to his active duty service.

The Board has determined that the Veteran does not have residuals of a cold injury, and therefore service connection for cold injury residuals is denied.

The Veteran's claim for service connection for a low back disability has been denied as new and material evidence was not submitted.,The Veteran's hiatal hernia with GERD is currently rated at 60 percent, the maximum rating available under Diagnostic Code 7346.

The Board has determined that the reduction in evaluation from 50 percent to 10 percent for degenerative discogenic disease, L4-5, L5-S1 is proper. The Veteran's disability did not meet criteria for a higher rating prior to October 1, 2007 and does not currently meet criteria for a higher rating since that date.

The Veteran's sleep apnea is rated at 50 percent, effective March 2007. The left ring and small finger fractures are each rated at noncompensable (0 percent). The lumbar spine strain is rated at 10 percent, effective March 2007. Right foot plantar fasciitis is also rated at 10 percent, effective March 2007. Service connection for an anxiety disorder secondary to headaches was granted.

The Board has determined that the Veteran's service-connected disabilities contributed substantially or materially to his death, and thus grants the claim for service connection for the cause of the Veteran's death.

The Board found no clear and unmistakable evidence that the Veteran's lumbar spine disorder was incurred in service, as his pre-existing low back strain is presumed to have existed prior to service. The Board also found no clear and unmistakable evidence that the condition worsened during service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's service connection claims for lumbosacral strain, degenerative arthritis, bipolar manic depression, and PTSD. The RO's previous decisions denying these claims are final.

The Board has ordered a remand to obtain additional medical records and conduct further examinations related to the Veteran's claims for service connection for a low back disability and an increased rating for bilateral pes planus.