Back / lumbar spine decisions — 2011

The Board found that the Veteran's right ankle, left ankle, and low back disabilities are not related to his service-connected left knee disability or to his period of active service. The claims for service connection were denied.

The Veteran's service-connected low back disability has been rated at 20 percent since October 5, 2000. The Board finds that the current evidence supports a higher rating of 40 percent based on severe limitation of motion and antalgic gait.

The Board found that new and material evidence had not been presented to reopen the Veteran's claim for service connection for a back disorder, as his condition existed prior to service.

The Board finds that the Veteran's low back disability existed prior to his entry into active service and was not aggravated by such service. Therefore, service connection for this condition is denied.

The Board found that the Veteran's hearing loss is not related to service, and his back condition has no link to service.,Both conditions were determined to be unrelated to military service.

The Veteran's claim for service connection for thoracolumbar scoliosis, also claimed as spinal problems and back condition, was granted.

The Veteran's service-connected disabilities are of such severity to preclude him from obtaining or maintaining substantially gainful employment since discharge from service, and the Board has granted a total disability rating based on individual unemployability.

The Board has remanded the case for further development, including scheduling a travel Board hearing at the RO. The Veteran's claims of service connection for cervical and lumbar spine disorders remain on appeal.

The Board has dismissed the Veteran's appeals regarding service connection for hearing loss, tinnitus, a back disorder, a neck disorder, and nerve damage to the bilateral legs. The claim for an initial rating in excess of 30 percent for PTSD remains pending.

The Veteran's initial ratings for his spinal conditions were denied, and he was granted service connection for sleep problems. The appeal is not about service connection at all.

The Veteran's cervical spine disorder was granted service connection.,Service connection for degenerative disc disease of the lumbar spine was denied, with a rating of 10 percent prior to June 18, 2008 and denied as of that date.

The Board denied the Veteran's claims for increased disability evaluations for her thoracolumbar spine, left ankle injury, rhinitis with sinusitis, and lower extremity radiculopathy disabilities. The evidence did not support a higher evaluation based on limitation of motion or ankylosis.

The Board has remanded the case for scheduling a hearing by video conference at the RO, and the Veteran's claims will be returned to the Board after that.

The RO reduced the Veteran's evaluation for low back strain with prespondylolisthesis from 40 percent to 10 percent, effective October 1, 2007. The reduction was proper as there was improvement in range of motion and no evidence of additional functional loss not contemplated by the 10 percent rating.

The Veteran's service-connected right shoulder, left ankle sprain residuals, and low back strain disabilities have been granted initial evaluations. The right shoulder disability is rated at 20 percent, the left ankle sprain residuals are rated at 10 percent, and the low back strain is rated as non-compensable.

The Board has determined that the Veteran's low back disorder was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's appeal is being remanded for additional VA examinations and to obtain outstanding treatment records. The case will be readjudicated based on the new evidence.

The Board has remanded the case due to additional evidence submitted without a waiver of RO consideration, and the Veteran requested that his appeal be remanded for RO consideration in the first instance.

The Veteran's claim for a higher rating for his service-connected residuals of fracture, right foot was granted. His claims for service connection for a right hip disability and low back disorder were denied, but his claim to reopen the low back disorder was reopened.

The Veteran's claims for kyphosis, degenerative disc disease and degenerative facet joint disease of the thoracic spine and lumbar spine with radiculopathy; chronic obstructive pulmonary disease; pancreatitis secondary to hypertriglyceridemia; degenerative joint disease of the right hip; obstructive sleep apnea; and joint pain are being remanded for additional development.