Back / lumbar spine decisions — 2011

The Board has granted the Veteran's claim for service connection for headaches. The Board also finds that there is sufficient evidence to support a grant of service connection for neck, back, and bilateral forearm disabilities due to an in-service injury sustained during ACDUTRA duty.

The Veteran's claims for service connection and increased ratings were denied. The Board noted that the lumbar spine strain was rated as 20 percent disabling, right knee disability as 10 percent disabling, and left knee disability as 10 percent disabling.

The Veteran's degenerative joint and disc disease of the thoracic and lumbar spine was rated at 10 percent prior to December 8, 2008, and increased to 20 percent beginning December 8, 2008. The effective date for the 20 percent rating is set as of December 8, 2008.

The Veteran's claim for service connection for a low back disorder, to include as secondary to his service-connected right ankle injury, was denied. The VA examiner opined that the current lower back condition is not at least as likely as not due to his service-connected right ankle condition.

The Board found that the Veteran's lumbar spine and leg disabilities were not incurred in or aggravated by active service, and thus denied both claims.

The Veteran's low back disability is currently rated at 10 percent, and the RO has granted service connection for radiculopathy of the right lower extremity associated with his lumbar spine disability. The left foot disability remains rated at 10 percent.

The Board found that the Veteran's current back disability, including anterior wedging at L1 and degenerative disc disease (DDD) at L5-S1, pre-existed his service. The expert opinions concluded that the DDD did not develop during service but was more likely age- and job-related. The Board determined that there is no evidence of aggravation of the pre-existing condition during service, leading to a denial of service connection.

The Board found that chronic residuals of a back injury were not incurred in or aggravated by military service, and thus denied the claim for service connection.

The Veteran's claims for service connection for sinusitis/allergic rhinitis, left ear hearing loss, and low back disability are being remanded due to the need for additional development.

The Board has determined that a remand is necessary to obtain additional medical records and to provide the Veteran with another VA examination. The appeal will be returned for further action.

The Board denied a higher evaluation for the Veteran's service-connected lumbosacral spine myositis with DJD, finding that his disability did not meet criteria for a rating in excess of 20 percent.

The Board has remanded the case due to confusion over the Veteran's address, need for clarification of her current address and VA treatment records. Additionally, a VA examination is required to determine if the scoliosis diagnosed in service is related to her current back disorder.

The Veteran's appeal has been dismissed as he withdrew his request for a hearing and the matter is no longer pending.

The Board has determined that there is no evidence of a chronic low back or neck disability related to service, and thus the Veteran's claims for these conditions are denied.

The Veteran's appeal is being remanded for additional development and consideration of his claims.

The Veteran's degenerative disc disease with herniated nucleus pulposus L4-5 and L5-S1 is currently rated at 20 percent, the maximum schedular rating for this condition.

The Veteran's claim for a rating in excess of 20 percent for her lower back disability was denied as the evidence did not show severe limitation of motion or ankylosis.,Her claim for a rating in excess of 30 percent for migraine headaches, to include a rating in excess of 10 percent earlier than March 10, 2010, was also denied due to lack of sufficient functional impairment.

The Veteran's claims for increased ratings for his service-connected left ankle and hand disabilities were denied. The maximum schedular rating of 20 percent is assigned for the left ankle disability, and a non-compensable rating is assigned for the left hand disability.

The Veteran's claims for higher ratings for his service-connected cervical spine and right knee disabilities are being remanded due to the need for additional examinations to assess current disability levels.

The Board has determined that the Veteran does not have a low back or left knee disorder that is attributable to his military service, including an injury sustained during service. Therefore, these claims for service connection are denied.