Back / lumbar spine decisions — 2011

The Veteran's service-connected cervical spine and thoracolumbar spine disabilities have been evaluated based on their current manifestations. The appeals for increased ratings are denied as the evidence does not support a finding that any of these conditions warrant higher disability ratings at any point during the appeal period.

The Board found that the Veteran's neck and back disorders were not incurred in or aggravated by active duty service.

The Veteran's claims for service connection of chronic IBS, chronic head injury residuals, and a chronic headache disorder to include migraines were denied. The Veteran's cervical spine disability was granted an increased rating to 20%, while his lumbar spine disability was granted a 60% rating from January 1, 2005, through December 31, 2005, and a 20% rating thereafter. Separate ratings of 10% were assigned for right sciatica and left sciatica. The Veteran's trapezius muscle strain was granted a 10% evaluation. Finally, the Veteran's panic disorder with depression was granted an initial disability evaluation in excess of 10 percent.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and ensuring all relevant information is considered.

The Board has remanded the case due to insufficient medical evidence regarding whether the Veteran's service-connected PTSD with anxiety and lumbosacral spine disabilities leave him in need of assistance or result in his being housebound. The claim will be returned for further action.

The Veteran's service-connected lumbar spine disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claim for an increased rating greater than 20 percent for degenerative disc disease of the cervical spine is being remanded due to the need for additional development, including a new VA examination.

The Veteran's appeal is remanded due to the need for additional development, including obtaining up-to-date VA treatment records and a medical opinion regarding employment impact.

The Board denied the Veteran's claims for service connection for a back disorder and an increased evaluation for his right knee degenerative joint disease. The evidence did not support a finding that these conditions were related to service or service-connected disabilities.

The Board found no evidence of a currently diagnosed bilateral knee, hip, or low back disability that was first manifested during service or within the applicable presumptive period. The preponderance of the evidence is against finding any relationship between these disabilities and military service.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the combined effect of his service-connected disabilities on his employability.

The Veteran seeks a TDIU based on her service-connected disabilities, but the RO denied her claim. The case is now remanded for further evaluation and consideration.

The Veteran's low back disorder and migraine headaches are service-connected, but her allergic rhinitis is not.

The Veteran's appeal is being remanded to obtain updated treatment records and for VA examinations to assess the severity of his service-connected spondylolisthesis, degenerative disk disease of the lumbosacral spine, and left lower extremity radiculopathy.

The Veteran's claims for service connection for an acquired psychiatric disorder and a low back disorder have been granted. The initial compensable evaluations for scars of the right hand and pseudofolliculitis barbae are also granted.

The Veteran's claims for service connection have been reopened and are granted. Service connection is established for a low back disorder, including sciatica of the bilateral lower extremities, and an acquired psychiatric disorder. However, there is no evidence to support her claim for hepatitis C or special monthly compensation based on anatomical loss of a creative organ.

The Board denied reopening the Veteran's claims for service connection for a nervous disorder and a back disorder, finding that no new and material evidence had been submitted to support these claims.,Both issues were previously adjudicated in June 2005 by the Board, which found that there was insufficient evidence to reopen either claim.

The Board has remanded the case for additional development, including obtaining VA medical records and post-service employment physicals. The appellant's service-connected low back disability, left shoulder disability, and bilateral knee disabilities are also to be evaluated.

The Board has remanded the case for additional development due to missing medical records and incomplete information from the Veteran.

The Board has denied the Veteran's claims for service connection for low back strain and tinea cruris. The claim for low back strain was denied due to a lack of medical evidence linking the current condition to service, while the claim for tinea cruris is pending as further examination and opinion are needed.