Back / lumbar spine decisions — 2011

The Veteran's claim for a rating in excess of 70 percent for PTSD was denied as the evidence did not show total occupational and social impairment due to PTSD.

The Board has determined that new and material evidence has been submitted to reopen the claims of entitlement to service connection for right ankle and low back disabilities. The Veteran's current disabilities are related to his in-service motor vehicle accident.

The Board has determined that the Veteran's current lower back disability, diagnosed as intervertebral disc syndrome, had its onset during active service and is therefore granted service connection.

The Veteran's death is not service-connected due to lack of legal merit, as he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's claims for increased ratings for his back, right knee, and left hand conditions are being remanded due to the need for additional VA examinations.

The Board has remanded the case to obtain additional medical records and conduct a VA examination. The Veteran's claim for service connection of his low back disorder will be reconsidered based on the new evidence.

The Board has determined that new and material evidence was received to reopen the claims of service connection for cervical spine, lumbar spine, and bilateral hip disabilities. The Veteran's current diagnoses include cervical spine disk degeneration and lumbar spine disk degeneration. The VA examiner opined that these conditions are related to service.

The Veteran's claims for service connection for a left shoulder rotator cuff strain, joint disorder, back disorder, and hemorrhoids were denied. The claim for hallux valgus with degenerative joint disease of the left great toe was granted but not at a compensable rating prior to January 5, 2009.

The Board has reopened the Veteran's claim for service connection for a low back disorder and remanded it to the RO for further development. The Veteran is now entitled to an examination to determine if his current low back disability is related to his period of active duty training in June 1983.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral pes planus, hypertension, left ankle and knee disorders, a low back disorder, and obesity. The denial is based on the lack of evidence linking these conditions to his military service.

The Board has decided to remand the case for further development, including obtaining additional medical records and arranging for a VA examination.

The Board has granted service connection for a lower back disability and assigned an initial rating of 50 percent. The Veteran's major depressive disorder is rated at the highest possible level (70 percent). Ratings higher than 20 percent, 10 percent, or 10 percent are denied for fibromyalgia, patellofemoral syndrome of the left knee, and patellofemoral syndrome of the right knee respectively.

The Veteran is seeking service connection for right radiculopathy that he claims is secondary to his service-connected lumbar paravertebral myositis. The case has been remanded due to the need for translations of some documents.

The Board has determined that the Veteran's current lumbar spine disorder is not related to his service, and thus denied his claim for service connection. The heart disorder claim was also denied as there is no evidence of a link between the Veteran's in-service complaints and his current condition.

The Veteran's post-operative residuals of a laminectomy with radiculopathy of the lumbosacral spine have resulted in some, but not total, range of motion loss and no incapacitating episodes in the past 12 months. The Board finds that her disability does not warrant a rating higher than 40 percent.

The appellant has withdrawn his appeal for a rating in excess of 40 percent for degenerative disc disease of the lumbar spine. As a result, the Board dismisses this issue.

The Veteran's claim for increased ratings for his low back condition is being remanded due to the need for further development, including a VA examination.

The Veteran's claims for higher ratings for his lumbar spine disability, right shoulder arthritis prior to August 4, 2005, and left shoulder arthritis were denied. The Board found that the evidence did not support a rating in excess of 10 percent for any of these conditions.

The Board found that the Veteran's low back disorder is not due to service, but rather is related to post-service work-related injuries and motor vehicle accidents. As a result, service connection for this condition was denied.