Back / lumbar spine decisions — 2011

The Veteran's claim for a higher rating for his service-connected back disability was denied. The RO had already increased the rating to 10 percent in May 1997 and changed it to 20 percent in March 1998, based on Diagnostic Codes 5293 (IVDS).

The Veteran's service-connected lumbar spine disability is currently rated at 10 percent and does not meet the criteria for a higher rating under VA's rating schedule. The evidence shows that the Veteran has full forward flexion to 75 to 90 degrees, with a combined range of motion from 175 to 240 degrees, without objective findings of muscle spasm, guarding, abnormal mobility, or incapacitating episodes.

The Board has determined that the Veteran's claim of service connection for a low back disability is not reopened due to lack of new and material evidence, but the claim remains pending as it was previously denied.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for carpal tunnel syndrome. The issue of service connection for a low back disorder is remanded for further development.

The Veteran's claims for increased ratings and service connection were denied. The claim of entitlement to an earlier effective date based on clear and unmistakable error (CUE) was dismissed.

The Veteran's claim for a higher rating for his low back disability was denied, as the evidence did not show ankylosis or vertebral fracture with cord involvement. The current rating of 60 percent is appropriate given the mild to moderate neurologic impairment.

The Veteran's claims for increased ratings and secondary service connection were denied. The Board found that the evidence did not support a direct or secondary relationship between his current lumbar spine and right hip disorders and his service-connected right ankle disability.

The Veteran's PTSD is found to be incurred in and caused by his military service, leading to a grant of service connection for this condition.

The Board has determined that the Veteran's substantive appeal was not timely filed for his claim of service connection for a back disorder. The issue of entitlement to a compensable disability rating for left ear hearing loss is denied as there is no evidence showing impairment greater than Level I in the left ear.

The Board has determined that further medical examination and opinion are needed to resolve the claims for service connection for low back disability, pulmonary nodules, hearing loss, and tinnitus.

The Veteran's claim for service connection for a back condition is being remanded due to the need for additional VA medical records and an examination to address all theories of entitlement raised by the Veteran.

The Board has remanded the case for additional development due to incomplete service treatment records and need for clarification of specific dates and duty status during National Guard training.

The Board has determined that the Veteran does not have a current disability of high uric acid or kidney stones, and his gout is not service-connected. The Board also found no evidence to support the Veteran's claims for bilateral knee disabilities and lumbar spine disability.

The Board has remanded the case for additional development, including translation of documents from Spanish to English.

The Board finds that the Veteran's non-ischemic heart disease, bilateral knee and hip arthritis, bilateral shoulder arthritis, and lumbosacral spine arthritis are not related to his active service or presumed in-service herbicide exposure. As a result, these claims for service connection are denied.

The Board found that the reduction of the disability rating for the Veteran's lumbar spine degenerative disc disease from 40 percent to 20 percent was proper based on evidence showing improvement in his condition.

The Board has determined that additional evidentiary development is required prior to the disposition of the Veteran's claim for service connection for a low back disability.

The Veteran's appeal involves multiple service-connected disabilities, including knee and back conditions, hemorrhoids, and allergic rhinitis. The case is being remanded for further development to determine the current severity of these conditions.

The Board has determined that the Veteran's claims for service connection have been denied, and his claim for compensation under 38 U.S.C.A. § 1151 was also denied.

The Veteran's appeal is remanded due to the need for additional medical records and examinations. The case will be reviewed again after all development has been completed.