Back / lumbar spine decisions — 2011

The Board found that the reduction of the 40 percent rating for the service-connected lumbosacral strain from August 1, 2006 to 20 percent was improper due to inadequate examinations and lack of review of recent treatment records.

The Veteran's low back disability is currently rated at 10 percent, but the evidence shows it warrants a higher 20 percent rating based on its functional limitations.

The Board has remanded the case due to incomplete service treatment records and will consider all issues on appeal once these records are obtained.

The Board has determined that additional development is needed to fully and sympathetically develop the Veteran's claims, including obtaining SSA records, VA treatment records, and private treatment records. The TDIU claim is inextricably intertwined with the rating higher than 20 percent for low back disability claim.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination. The Veteran's claim of entitlement to service connection for a low back disorder will be reconsidered based on the additional evidence.

The Veteran's low back strain was characterized by forward flexion of the thoracolumbar spine to 90 degrees prior to August 13, 2009. The disability did not meet the criteria for a compensable rating during this period.

The Veteran's low back disorder is being remanded for a VA examination to determine if it is related to his service-connected left ankle strain, right knee strain, and/or left knee strain. The claim will be reviewed again after the examination.

The Board found that diabetes mellitus type I did not manifest during service or within one year of the Veteran's discharge, and thus denied service connection. For the low back disorder, the Board concluded there was insufficient evidence to establish a link between the condition and military service.

The Veteran's claims of entitlement to an initial disability rating in excess of 10 percent for degenerative disc disease and degenerative joint disease of the thoracic spine, service connection for elevated cholesterol, hypertension, and coronary artery disease are being remanded due to additional development needed. The issues will be reconsidered after all relevant evidence is obtained.

The Veteran's claim for service connection for a chronic left knee disorder, to include as secondary to a service-connected right knee disability was denied.,The Veteran's claim for service connection for ingrown toe nails on both feet was denied. The VA examiner found no evidence of the condition being incurred in or aggravated by military service.

The Board finds that there is no evidence of a left knee disability or back strain related to service. The Veteran's current conditions are not shown to be causally connected to his military service.

The Board has granted service connection for right ear hearing loss and tinnitus, finding that the Veteran's current conditions are likely due to noise exposure in service. Service connection is also granted for a back disorder, but not for a neck disorder.

The Board has granted service connection for hypertension as secondary to the Veteran's service-connected diabetes mellitus. The issue of whether new and material evidence has been received to reopen service connection for back disability is remanded.

The Board has reopened the Veteran's claim for service connection for a back disability based on receipt of new and material evidence. The underlying issue of whether the Veteran's current back disability is related to his time in active duty or secondary to his service-connected knee disabilities will be remanded for further development.

The Board has granted service connection for osteoarthritis of the left shoulder, traumatic thoracolumbar spine contusion with residual degenerative disc disease with associated low back pain, and left knee with patella and anterior cruciate ligament strain, all of which represents a complete grant of the benefits sought on appeal.

The Veteran's back disability, GSW residuals of the left thigh, adjustment disorder, abdominal scar, and surgical scars on the back are all rated as they currently stand without additional compensation.

The Board has reopened the claim for PTSD and denied service connection due to lack of a confirmed diagnosis. The Veteran's other claims are addressed in the REMAND portion.

The Veteran's appeal is being remanded for additional development, including a VA examination and obtaining any available VA treatment records.

The Veteran's appeal is in remand status due to the need for further development, including obtaining additional medical records and scheduling a VA examination. The issues on appeal include increased ratings for lumbar strain with multilevel degenerative changes and left lumbar radiculopathy, as well as TDIU.