Back / lumbar spine decisions — 2011

The Veteran's claims for increased ratings for lumbosacral strain and posttraumatic arthritis of the left knee were denied. The RO found that his conditions did not meet the criteria for higher disability ratings under VA rating criteria.

The Board has ordered additional development to obtain pertinent VA medical records, including a specific August 23, 2002 record cited in the September 2010 VA examination report's rationale. The claim will be readjudicated after these records are obtained.

The Veteran's claims for higher ratings and service connection were denied. The highest schedular rating of 50 percent was assigned for the service-connected status post total abdominal hysterectomy with bilateral salpingo-oophorectomy, which is currently rated as resolved.

The Board has denied the Veteran's claims for service connection for a back disability and a bilateral knee disability, finding that there is no current evidence of these conditions. The claim for bilateral knee disability was denied as there is no medical evidence supporting the existence of such a condition.

The Board has remanded the claims due to the need for additional development, including medical examinations and a nexus opinion regarding service connection.

The Veteran's service-connected lumbosacral strain is currently rated at 10 percent, and the claim for an increased rating was denied. Service connection for a right arm/shoulder disorder was also denied, as well as the claim for TDIU.

The Board has restored the special monthly compensation for a surviving spouse based on the need for regular aid and attendance, effective December 30, 2005.

The Board denied service connection for a low back disorder, arthralgia of the knees, myofascial syndrome, and a cervical spine disorder due to lack of evidence linking these conditions to active service.

The Board has granted service connection for a lower back disability and erectile dysfunction, finding that the Veteran's current conditions are related to his military service.

The Veteran's low back strain and degenerative disc disease are currently rated at 10 percent, but the Board finds that a higher rating is not warranted based on his current symptoms.

The Veteran has withdrawn his appeals on the claims for an initial compensable rating before November 12, 2008, and an initial rating higher than 10 percent from November 12, 2008, for low back strain; entitlement to an initial compensable rating for costochondritis; and entitlement to an initial compensable rating for hypertension.

The Board has determined that the Veteran does not have a cervical spine or lumbar spine disability, and there is no evidence to support service connection for these conditions. The Board denied both claims.

The Veteran's appeal is being remanded due to confusion regarding the issues he wishes to appeal and a need for clarification. The Veteran should be scheduled for a Board hearing at the RO.

The Board found that the appellant's low back disability was not incurred in or aggravated by active duty service, nor is it related to a service-connected condition. The claim for service connection was denied.

The Board has determined that the Veteran's lumbar spine disability is not related to service and therefore denied his claim for service connection.

The Veteran's lumbar spine degenerative disc disease is found to be related to service, and he is granted a TDIU based on his service-connected disabilities. The combined rating for all service-connected conditions is at least 70 percent.

The Veteran's appeal is being remanded for further evaluation of his lumbar spine disability and associated radiculopathy, as well as consideration of a TDIU claim. The case will be returned to the Board after these issues are addressed.

The Veteran's claim for an earlier effective date for discontinuance of withholding of military retirement pay from VA disability benefits is denied as the program does not allow retroactive payments prior to its effective date.

The Board has reopened the claim for service connection for a low back disability due to new and material evidence, including an April 2009 medical opinion linking the veteran's current back pain to service. The Board also found that the veteran's current lumbar disc disease is etiologically related to his military service.

The Veteran's claim for an increased initial evaluation for degenerative disc disease of the cervical spine is being remanded to allow review of additional medical records.