Back / lumbar spine decisions — 2011

The appellant is seeking an earlier effective date for a separate disability rating of 40 percent for sciatic radiculopathy and left foot associated with degenerative disc disease. The RO has assigned the current effective date based on receipt of his claim, but he argues that it should be earlier due to CUE in prior decisions.

The Board has granted a 20 percent rating for the Veteran's degenerative joint disease of the lumbar spine, status-post discectomy, effective March 10, 2005. Prior to that date, he was rated at 10 percent.

The Veteran's service-connected disabilities rated at 70% combined from August 18, 2006 to July 12, 2007 did not preclude him from securing or maintaining substantially gainful employment.

The Veteran's service-connected chronic recurrent low back strain is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.

The Veteran's appeal for a higher rating for his lumbar spine disability was denied. The Board found that the evidence did not support a finding of ankylosis or any other condition warranting a higher rating than 20 percent. Service connection claims for cervical spine, urinary incontinence, and erectile dysfunction were also denied as there was no evidence linking these conditions to service or service-connected disabilities.

The Board has remanded the Veteran's claim for further development due to inadequate examination and incomplete medical records. The Veteran is required to undergo a VA examination or have an addendum prepared by the examiner who conducted the previous examination.

Service connection for a low back disability and insomnia was denied due to lack of evidence showing these conditions are related to service.,The Veteran's current application to reopen the claims has not provided new and material evidence.

The Board has reopened the claim for service connection for a back disability. The case is now REMANDED to obtain an examination and opinion regarding whether the Veteran's current back condition is related to service or aggravated by service duties.

The Veteran's TDIU claim is being remanded for additional development, including obtaining updated VA treatment records and SSA documents, as well as any VA vocational rehabilitation folder. The Veteran will also be provided an updated VA medical examination to assess the impact of his service-connected disabilities on his employability.

The Veteran's appeal for higher initial evaluations for her bunions, corns of the feet, right and left hand strains, lumbar strain, and irritable bowel syndrome was denied. The evidence did not support a finding that any of these conditions warranted a compensable rating.

The Board has reopened the claim for service connection of a lumbosacral strain disability and finds that it was aggravated by active duty service. The Veteran's current low back condition is related to his in-service duties.

The Board has determined that the Veteran's right shoulder impingement syndrome and lumbar disc disease are related to his service, granting him service connection for these conditions.

The Board has remanded the Veteran's claims for further development, including obtaining VA treatment records and providing a medical examination to determine if his left hip fusion is related to service-connected bilateral pes planus. The TDIU claim must also be remanded.

The Board found that the Veteran's current back disability is not related to his military service and denied his claim for service connection.

The Veteran's low back disability, rated at 20 percent, does not meet the criteria for a higher rating due to lack of forward flexion or incapacitating episodes.

The Veteran's claims for higher initial evaluations for hypertension, degenerative disc disease of the lumbar spine, and migraine headaches were denied as his conditions did not meet the criteria for increased ratings under applicable rating criteria.

The Veteran's claim for a compensable evaluation for residuals, status post dislocated left shoulder (minor) was granted. The effective date is not specified as the issue relates to a current disability.

The Board denied the Veteran's claims for service connection for a back disability, degenerative changes of the right and left knees, and tremor of the right and left hands. The appeal was decided on the basis that the evidence did not support granting these conditions based on direct service connection.

The Veteran's essential tremors are found to be service-connected, and she is granted a noncompensable initial evaluation for her degenerative disc disease of the lumbar spine. The TDIU rating claim remains pending.

The Board has determined that the Veteran's neck, bilateral shoulder and low back disabilities were not incurred or aggravated during his active military service. The evidence does not support a finding of direct service connection for these conditions.