Back / lumbar spine decisions — 2011

The Board found no evidence of a back injury during service and concluded that the Veteran's current back disability is not related to his military service.

The Veteran's service connection claim for PTSD is granted, and his lumbosacral osteoarthritis rating remains unchanged.

The Veteran's claim for an increased rating for chronic lumbar strain with degenerative changes was denied. The claims for initial evaluations in excess of 10 percent for right and left leg radiculopathy were also denied.

The Veteran seeks service connection for degenerative disc disease at L5-S1 and radiculopathy of the left lower extremity, both related to back injuries during service. The case is being remanded due to incomplete records and need for further examination.

The Veteran's claim for a compensable initial rating for degenerative disc disease of the lumbar spine is being remanded due to incomplete examination reports and lack of recent medical records.

The Board has remanded the Veteran's claims for additional development due to inadequate examination reports and new evidence.

The Veteran's lumbar strain with degenerative disc disease was increased to a 20 percent rating effective June 1, 2009. The left ankle condition and psychiatric disorder claims are still pending.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a back disability, including intervertebral disc syndrome. The claim is therefore granted.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and providing proper VCAA notice.

The Board has remanded the case for additional development, including a VA spine examination and consideration of all submitted evidence.

The Board has remanded the case due to the need for a VA examination and additional development of records.

The Veteran's claim for service connection for a back disorder was reopened, but the evidence does not establish that his current condition is related to military service. The claim for service connection for spontaneous left pneumothorax remains denied as new and material evidence has not been received.

The Veteran's service-connected disabilities, while limiting his ability to work, do not prevent him from obtaining and maintaining substantially gainful employment.

The appellant has withdrawn his appeals for the claims of service connection for bronchitis, chronic low back pain, right arm numbness, right leg numbness and spinal meningitis. As a result, these appeals are dismissed.

The Veteran is in need of care or assistance on a regular basis to protect him from the health hazards and dangers of daily living, including misunderstanding prescription medication instructions and other medical instruction. The Veteran also requires care or assistance on a regular basis to assist him with meal preparation; dressing; bathing; performing household chores; and using the toilet.

The Board denied the Veteran's claims for service connection for lumbosacral strain, hairline fracture of the right jaw, arthritis of hands, and lumbar degenerative disc disease. The claim for increased rating for left knee chondromalacia with degenerative changes was also denied.

The Veteran's low back disability is presumed to have been incurred in service, and he is granted a compensable rating. The issues of hearing loss, right ankle disability, and left leg numbness are addressed in the REMAND portion of the decision.

The Veteran's lumbosacral spine disability was previously rated at 10 percent prior to April 8, 2007. The claim for a higher rating is denied as the evidence does not meet the criteria for a rating in excess of 10 percent.

The Veteran's combined rating was only 50 percent, which did not meet the schedular requirements for a TDIU. The Board found that he is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's claims for service connection for bilateral ankle, hip, and low back disabilities as secondary to his service-connected bilateral pes planus have been denied.