Back / lumbar spine decisions — 2011

The Veteran's lumbosacral strain is currently rated at 60 percent, the maximum schedular rating available under Diagnostic Code 5243 for degenerative changes. The claim for a higher disability rating has been denied.

The Veteran seeks service connection for a back disorder, which he contends is related to an in-service injury and strain. The RO denied the claim in February 1961, but did not issue a Statement of the Case until December 2008. The Board finds that the VA examination report from January 1961 was inadequate for rating purposes due to lack of rationale. Therefore, the case is REMANDED for further development.

The Board found no evidence of a chronic low back disability in service or within one year post-service, and the Veteran's current condition is not related to his military service. The claim for service connection was denied.

The Veteran's claim for a higher initial rating and earlier effective date for his service-connected low back disability was granted, with the effective date set at December 16, 2008.

The Board has determined that the Veteran's service-connected residuals of a right knee injury and chronic lumbar pain and compression fracture L1 do not warrant an evaluation in excess of 10 percent.

The Veteran's claims for service connection for bilateral defective hearing, right hip disability, and degenerative disc disease of the lumbar spine have been denied as there is no competent evidence showing current disabilities related to service.

The Veteran's service-connected lumbar spondylosis and right lower extremity radiculopathy are currently rated at 10 percent each, with no higher ratings warranted based on the current evidence of record.

The Veteran's claim is being remanded for additional development, including obtaining service treatment records and scheduling a VA examination to assess the severity of his thoracolumbar spine disability. The appeal will be reconsidered after these steps are completed.

The Board has remanded the case for further development and review of the Veteran's claims, including scheduling VA examinations and obtaining additional medical opinions. The appeal involves multiple issues arising from different rating decisions spanning over two decades.

The case is being remanded for further development and examination to clarify the nature and etiology of the Veteran's claimed disabilities.

The Board finds that a chronic low back disability was not incurred in or aggravated by the Veteran's active duty service, nor may it be presumed to have been incurred in such service.

The Board has remanded the case to the RO for additional development, including a neurologic examination and a general medical examination. The Veteran's claim of entitlement to an evaluation in excess of 20 percent for low back disability and his TDIU claim are both part of this process.

The Board has granted service connection for a back disability and a skin disability, finding that the Veteran's current conditions are related to his in-service symptoms. Effective dates have not been assigned as they relate to when claims were filed.

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

The Board denied service connection for degenerative joint disease of the lumbar spine, finding that there was no evidence of a chronic condition during or within one year after active duty and no showing of continuity of symptomatology.

The Board found that the Veteran's lumbar spine disability, manifested by limitation of motion and pain, warrants a 20 percent evaluation.

The Veteran's appeal regarding her service-connected pelvic strain was denied. The Board found that the evidence did not meet the criteria for an initial rating in excess of 10 percent.

The Veteran's appeal seeking an increased rating for his service-connected low back disability has been dismissed due to his failure to provide necessary releases for pertinent evidence.

The Veteran's initial claim for a higher rating for his degenerative changes of the lumbar spine has been remanded due to new evidence indicating that his condition may have worsened and he is seeking a lumbar spinal fusion. The case will be returned to the Board after further examination.

The Board has determined that the Veteran's lumbar spine disability and mental disorder (to include PTSD) are not service-connected as there is no evidence of a nexus between these conditions and his military service.