Back / lumbar spine decisions — 2011

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the Veteran's migraine headaches did not meet the criteria for a higher rating, and his service-connected disabilities did not preclude substantially gainful employment.

The Board has awarded service connection for tinnitus, which represents a complete grant of the benefits sought on appeal. The Veteran's bilateral hearing loss and acquired psychiatric disorder (PTSD) are also granted as direct service connection is established.

The Veteran's appeal is being remanded due to the need for a VA examination and additional development of her case.

The Veteran's low back disability, characterized by degenerative arthritis with spinal stenosis and spondylolisthesis, is currently rated at 20 percent. The evidence does not support a higher rating.

The Veteran's service-connected disabilities preclude substantially gainful employment consistent with his education and occupational experience, warranting a TDIU.

The Veteran's claims of service connection for tinnitus, lumbosacral disability, bronchitis, gastritis, bilateral upper extremity paresthesias, bilateral wrist strain, residuals of bilateral big toe fractures, and headaches have been denied as there is no competent medical evidence linking these conditions to his military service.

The Veteran's appeal involves claims for increased ratings for PTSD and pancreatitis, as well as service connection for a back disability. The Board has determined that further development is required before the case can be reviewed.

The Veteran's claims for increased ratings for his low back disability, right leg pain, and left leg pain were denied. The Board found that the evidence did not meet the criteria for a higher rating based on limitation of motion or incapacitating episodes. Separate ratings for mild incomplete paralysis of the sciatic nerve in both legs were granted.

The Board denied the Veteran's claim for service connection of a low back disability, finding that it did not manifest within one year after separation from service and was not related to his service or to any aspect thereof.

The Veteran's claim for compensation due to misdiagnosis of Crohn's disease and subsequent treatment with prednisone is granted, as the additional disability includes osteoporosis with compression fracture in the lumbar spine.

The Veteran's appeal is remanded due to inadequate examination for rating purposes. The case will be reviewed by the RO and readjudicated.

The Board found that the Veteran's low back disability is service-connected, attributing it to injuries sustained during his military service.

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

The Board has remanded the case due to incomplete records and will consider the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Board denied the Veteran's claim for service connection for a low back disorder and psychiatric disorders, including PTSD and paranoid schizophrenia. The decision also noted that new evidence submitted since the April 1984 denial did not raise a reasonable possibility of substantiating these claims.

The Veteran's original claim for service connection for numbness and tingling in the arms as due to an undiagnosed illness was denied in March 1994. The Veteran did not file a notice of disagreement.,In March 1996, the Veteran filed an informal claim for service connection for numbness and tingling in the arms as due to an undiagnosed illness and for entitlement to service connection for a lower back disability. This was denied in March 1998.

The Veteran's appeal is being remanded for additional development, including VA examinations and the provision of a medical opinion regarding her migraine headaches and service-connected disabilities.

The Veteran's low back disability was rated at 10 percent effective January 1, 2007. The previous rating of 20 percent from March 11, 2006 to September 7, 2006 has been maintained.

The Board has remanded the case for additional development, including scheduling a Travel Board hearing and re-adjudicating the issues on appeal.

The Board finds that the Veteran's current low back disability, diagnosed as degenerative disc disease and herniated discs, is related to his in-service injury. As such, service connection for this condition is granted.