Back / lumbar spine decisions — 2011

The Veteran's low back strain was rated at 10 percent prior to October 7, 2008 and denied for higher ratings. Service connection for left leg radiculopathy was also denied.

The Board has determined that the Veteran's back disorder and strep throat were not incurred or aggravated by service, and thus denied both claims.

The Board has decided to remand the case for additional development, including obtaining records of a physical examination prior to employment and providing the Veteran with a VA examination.

The Board has determined that the Veteran's service-connected disabilities have a combined effect on his lower extremities so as to effectively preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. As such, he is entitled to assistance in acquiring specially adapted housing.

The Board has remanded the Veteran's claims for additional development due to the need for further examination and opinion regarding his low back disability and erectile dysfunction.

The Board has reopened the Veteran's claim for service connection for lumbar disk syndrome and finds that new and material evidence has been received. The issue of service connection for a bilateral knee disability remains on appeal.

The Board denied service connection for the Veteran's claimed disabilities, including left knee and left ankle disabilities, low back disability, lung disorder as a result of asbestos exposure, left hip disability, and residuals of a fracture of the nose. The decision found that new evidence did not raise a reasonable possibility of substantiating these claims.

The Veteran's claims for increased ratings for his lumbar spine and bilateral knee disabilities were denied. The current 20 percent rating for the lumbar spine disability is maintained.

The Board found that a low back disability was not incurred in or aggravated by service and is not proximately due to or the result of a service-connected disease or injury.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and degenerative disc disease of the lumbar spine, finding that there was no evidence linking these conditions to his military service.

The Board has determined that the earliest date of claim for a TDIU is January 24, 1995. The effective date for the grant of a TDIU is set at this date.

The Board has found that the Veteran's degenerative disc disease with neurogenic claudication and L2-L3 central canal stenosis is related to his service-connected back strain, granting service connection for these conditions.

The Veteran's service connection claims for bilateral hearing loss, low back disorder, bilateral foot disability, and a psychiatric disorder (to include PTSD) are all granted.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to determine the Veteran's current functional and occupational capacity due to his service-connected disabilities. The case will be readjudicated after these actions.

The Veteran's low back strain has been rated at 10% since the initial rating decision. From April 7, 2008, his condition warrants a 20% rating.

The Board denied the Veteran's claim for service connection for a low back condition with radiculopathy, finding no evidence of an in-service injury or chronic disability.

The Board denied service connection for seizures, chronic low back disorder, heart disorder, and ulcerative colitis. The Veteran's claims were based on his assertions of in-service jeep accidents and exposure to Agent Orange, but the evidence did not support these claims.

The Veteran's claims for increased ratings and service connection were denied. The initial rating of 40 percent for hepatitis C was maintained, but the claim for a higher rating was denied.

The Veteran's claims for increased evaluation and service connection are being remanded to the RO for additional development.

The Veteran's claims of entitlement to service connection for a back disorder and arthritis have been granted, with an initial disability rating of 20 percent effective July 21, 2010.