Back / lumbar spine decisions — 2011

The Veteran's claim for an increased rating for his service-connected low back disability is being remanded due to the need for additional examinations and development of records.

The Board has ordered a new examination to determine the etiology of the Veteran's lumbar spine disability and whether it is related to service, including parachute jumps and a motor vehicle accident. The Veteran will be provided with an opportunity to respond.

The Board has reopened the Veteran's claims for service connection for a low back disorder and left knee disorder, finding that new and material evidence has been submitted. The Board also found that these conditions are related to his military service.

The Veteran's low back disability has been rated at 40 percent, the maximum schedular rating available. The appeal is granted.

The Veteran's claims are being remanded due to the need for further development of evidence, including obtaining SSA records and VA treatment records. The Veteran will be scheduled for a VA examination to determine the nature and etiology of his deviated septum, TMJ, and back disorder.

The Board has determined that the Veteran's lumbar spine disorder became manifest to a degree of at least 10 percent within one year from separation from service, and thus grants service connection for this condition.

The Board denied the Veteran's claim for service connection for a low back disability, finding that the evidence did not support a link between his current low back condition and his service-connected bilateral knee and left hip disabilities.

The Board found no service connection for hypertension, low back disorder, or right knee disorder due to lack of continuity of symptoms since service separation and insufficient evidence linking current conditions to service.

The Board found that the objective evidence of record did not demonstrate symptoms consistent with those providing the basis for the assignment of a 40% rating and a 10% rating prior to October 3, 2008 and May 30, 2006 respectively. Therefore, the Veteran's claims for earlier effective dates were denied.

The Veteran's appeal is being remanded for a video conference Board hearing. The issues of entitlement to service connection and an increased rating are pending.

The Veteran's lumbar spine disorder is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating as there are no findings of unfavorable ankylosis or incapacitating episodes.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for further development, including an examination and consideration of additional service-connected disabilities.

The Board denied all issues on appeal, including service connection claims and a claim for an increased rating for the Veteran's low back disability.

The Veteran's low back disorder was rated at 40 percent since December 28, 2001. Since January 12, 2009, the rating has been increased to 60 percent.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability due to his service-connected disabilities (TDIU). The Veteran meets the schedular criteria under 38 C.F.R. § 4.16(a) and the benefit of the doubt rule applies.

The Board granted a rating of 40 percent for the Veteran's low back disability, postoperative residuals of a herniated nucleus pulposus at L4-5. The effective date was set as March 22, 2011.

The Board found no evidence of a low back disorder during service or within one year after separation, and the Veteran's more recent assertions of continuity of symptoms since service are inconsistent with other lay and medical evidence. The VA examiner concluded that the current low back disorder is age-related and not related to his active service.

The Board found that the Veteran's current diverticulosis coli and back disorder are not related to his military service, thus denying service connection for both conditions.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher evaluations under the applicable rating schedule.

The Veteran's claim for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine is being remanded due to the need for additional development, including obtaining recent medical records and determining whether he has been prescribed bed rest from a physician associated with incapacitating episodes.