Back / lumbar spine decisions — 2011

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the Veteran for a VA examination to evaluate his service-connected lung cancer residuals with bronchitis and low back syndrome.

The Veteran's claim for a low back disability was denied. The VA examiner found no evidence of a current low back disability and concluded that the Veteran's current back pain is unrelated to his service. For dyshydrotic dermatitis of the bilateral hands and feet, jungle rot of the feet, and other unspecified skin conditions, additional medical evaluation or evidence may be needed.

The Veteran's effective date for a 10 percent disability rating for degenerative disc disease of the lumbosacral spine at L5-S1 is granted as February 7, 2005.

The Veteran's claim for increased disability ratings for degenerative disc disease and degenerative joint disease of the lumbar spine is being remanded due to the need for further medical clarification regarding his service-connected condition.

The Board denied the Veteran's claim for an increased rate of SMC on the basis of the need for aid and attendance of another person for purposes of accrued benefits, finding that evidence in VA's possession at the time of the Veteran's death was insufficient to establish a factual need for regular aid and attendance due to service-connected disabilities.

The Veteran's low back disorder is not service-connected.

The Board has decided to remand the Veteran's claim for service connection for a back disability due to insufficient competent medical evidence on file, and an effort should be made to obtain Social Security Administration (SSA) records. The Veteran will need to undergo a VA examination to determine if his current back disorder is related to his military service.

The Board has determined that additional VA examinations are necessary to properly assess the severity of the Veteran's service-connected disabilities and to determine appropriate disability ratings.

The Veteran's claim for service connection for depression was granted effective October 9, 2007. The initial ratings assigned were 40 percent for left upper extremity radiculopathy and 20 percent for degenerative joint disease of the lumbar spine.

The Veteran's degenerative arthritis of the lower lumbar spine is not manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or the combined range of motion of the thoracolumbar spine not greater than 120 degrees, which are required for a higher rating. The current disability picture does not meet these criteria.

The Veteran is seeking service connection for his current back disorder, which he claims was caused by working as a cook during service. The Board has decided to remand the case for further examination and medical opinion.

The Veteran's claim for TDIU is being remanded due to the need for clarification regarding his ability to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that the Veteran's claims for reopening his service connection claims for bilateral knee disability and back disability have been denied as there is no new and material evidence to support these claims.

The Board has granted an initial compensable rating of 10 percent for the service-connected lumbosacral strain residuals prior to March 19, 2005.

The Board has determined that the Veteran's bilateral hearing loss is related to active service, but his claimed back and leg disabilities are not shown to be related to service.

The Board denied the Veteran's claims for service connection for a back disability, depression as secondary to a back disability, and bilateral leg disorder as secondary to a back disability due to lack of evidence linking these conditions to service.

The Board has determined that the Veteran does not have a current thoracic spine disorder and his symptoms are more indicative of a cervical spine strain. Therefore, service connection for a thoracic spine disorder is denied. The right shoulder disorder was also found to be unrelated to service.

The Veteran's lumbar and thoracic spine disabilities have not resulted in a higher rating as their symptoms do not meet the criteria for a higher evaluation under the applicable VA rating schedule.

The Veteran's lumbar spine degenerative disc disease L1-S1 does not meet the criteria for a higher initial disability rating, as it does not exhibit severe limitation of motion or other disabling conditions that would warrant an increased rating.

The Board has granted service connection for cervical and lumbar spine disorders, finding that the Veteran's current diagnoses of these conditions are related to his active service.