Back / lumbar spine decisions — 2011

The Board found that the Veteran's pre-existing left tibia disorder was not aggravated during service and denied service connection for hearing loss, tinnitus, back disorder, right hip disorder, left hip disorder, and hemorrhoids.

The Veteran's claim for an initial rating in excess of 10 percent for service-connected lumbar disc disease was denied. The RO found that the evidence did not support a higher rating based on moderate limitation of motion.

The Board granted a 60 percent rating for thoracolumbar spine degenerative disc disease and separate 10 percent ratings for lower extremity radiculopathy. The Veteran's claim for TDIU was also granted.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for an appropriate examination to assess the impact of his service-connected conditions on his employability.

The case is REMANDED to the RO for scheduling a hearing before a Veterans Law Judge.

The Veteran's PTSD is found to be incurred in service, with the Board granting service connection for this condition.

The Board has remanded the Veteran's claims for low back pain and bilateral hearing loss due to inadequate examination findings and missing medical records.

The Veteran's lumbar spine disability is rated at 60 percent, the maximum under the old regulations. The Board also found that a higher rating was not warranted under the revised regulations.

The Veteran's case is being remanded for a hearing before a Veterans Law Judge at the RO. The issues on appeal are an increased evaluation for his right shoulder condition and whether new and material evidence has been received to reopen his claim of service connection for scoliosis of the thoracolumbar spine with recurrent low back pain.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination and notification of his TDIU claim.

The Veteran is seeking service connection for lumbosacral strain, which she contends was caused or aggravated by her service-connected left foot disabilities. The Board has determined that a VA examination is needed to address the relationship between her low back disability and her service-connected left foot disabilities.

The Veteran's major depressive disorder is found to be secondary to his service-connected coronary artery disease. His traumatic arthritis of the left knee remains at a 10% rating, but he is granted TDIU.

The Veteran's service connection claim for degenerative joint disease of the left hip is granted. The Veteran's lumbosacral strain with spondylosis deformans is rated at 20 percent, which is the maximum schedular rating available.

The Veteran's claim for an increased rating for his service-connected right knee disability was granted, and he is now rated at 30 percent. The issue of TDIU prior to October 9, 2003, was also granted.

The Board has remanded the case for further development due to new evidence submitted by the Veteran and incomplete VA treatment records.

The Veteran's claims for increased ratings for his service-connected bilateral hearing loss and hepatitis C were denied as the evidence did not meet the criteria for a compensable rating under VA regulations.

The Veteran is granted a 10 percent disability rating for his service-connected scars of the head and body, residuals of left ankle fractures, and residuals of left inferior and superior pubic rami fractures. The lumbosacral strain has not been rated higher.

The Veteran's claim for an increased evaluation for his lumbosacral strain with traumatic arthritis was granted, but the criteria for a higher rating are not met. The effective date of the total disability rating based on individual unemployability is set at July 19, 2006.

The Board has remanded the case for a new VA spine examination to determine if the Veteran's low back disability is related to his military service. The Veteran's claim will be reviewed again after this examination.

The Board has remanded the Veteran's claims for service connection due to a lack of new and material evidence. The case is now pending further development.