Back / lumbar spine decisions — 2011

The Veteran's claim for a higher rating for his low back disability was denied, and the issue of reopening his knee disorder claims was also denied. The Board found that the evidence did not support a higher rating than 40 percent for his degenerative disc disease of the lumbar spine with sciatica.

The Board found that the Veteran's current lumbar spine disorder is not related to his active military service or any service-connected disability, including his right ankle disorder.

The Veteran's claim for service connection for lumbar degenerative disc disease and lumbar spinal stenosis (claimed as a low back condition) is being remanded due to the need to obtain additional medical records from his inpatient treatment at the United States Naval Hospital in St. Albans, New York.

The Board has remanded the case due to issues related to service connection for a low back disability and whether new and material evidence has been received to reopen a claim of entitlement to service connection for a left knee disability. The Veteran's representative argues that proper notification was not provided regarding these issues.

The Board has ordered the case to be remanded for further development, including obtaining SSA records and providing proper notification regarding the Veteran's claims.

The VA determined that the Veteran's back disorder was not incurred in or aggravated by service, and arthritis of the spine could not be presumed to have been incurred in service.

The Board has granted service connection for lumbar disc disease, finding that the Veteran's current disability is related to his in-service injury. The claim was remanded multiple times and ultimately granted based on a finding of continuity of symptomatology since service.

The Veteran's psychotic disorder (NOS, due to in-service head trauma) was granted a 100% rating effective December 15, 2003. The earlier effective date claims for headaches and lumbar strain were denied as the Veteran did not appeal the February 1994 decision.

The Veteran seeks service connection for a back disorder, including as due to undiagnosed illness. The Board has determined that the current examination is inadequate and additional evidence is needed.

The Board has remanded the case for further development, including issuance of proper notice and a VA opinion regarding whether service-connected conditions contributed to the Veteran's death.

The Veteran's claims of entitlement to service connection for a cervical spine disability and chronic headaches were reopened. However, the claims for back disability (other than the cervical spine) and right shoulder arthralgia were denied as new and material evidence was not received.

The Veteran's initial higher ratings for DDD, lumbar spine have been granted and a separate compensable rating for radiculopathy of the right lower extremity has also been granted.

The Board denied the Veteran's claim for service connection for a neck disorder and did not reopen his claim for service connection for a low back disorder.,Evidence submitted to reopen the low back disorder claim was found not new and material, thus denying the reopening of this claim.

The Board has granted service connection for chronic lumbar strain with disc protrusions and nerve impingement, as well as left hip femoral-acetabular impingement. The Veteran's claims are now complete.

The Veteran's TDIU was granted effective June 11, 2008. The Board denied an earlier effective date as the evidence did not show unemployability prior to this date.

The Veteran's claim for increased evaluations for his lumbosacral spondylosis and scoliosis was denied. Prior to May 3, 2004, the evaluation remained at 10 percent; since then, it has been rated as 20 percent.

The Veteran's CFS has been rated at 60 percent since November 29, 1994. The Board found that the current rating adequately reflects her symptoms and does not warrant a higher rating.

The VA determined that the Veteran's back disability was not caused by or aggravated by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during treatment. The Board found no evidence to support the claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's low back disability is not manifested by a thoracolumbar range of motion limited to 30 degrees or less, favorable or unfavorable ankylosis of any part of the spine, or incapacitating episodes requiring bed rest prescribed by a physician. Therefore, his claim for an evaluation in excess of 20 percent for low back disability is denied.

The Veteran's claims for service connection for a right knee disability, degenerative disc disease of the lumbar spine, and depression have been denied as there is no clear and unmistakable evidence that any current disabilities are related to his military service.