Back / lumbar spine decisions — 2011

The Veteran's degenerative joint disease of the lumbar spine is presumed to have been incurred in active service, and he is granted service connection for this condition. The issue of service connection for a right hip disorder remains pending.

The Board has granted service connection for tinnitus and a 40 percent disability rating for the Veteran's lumbar spine disability, including degenerative joint disease. The claim to reopen the bilateral hearing loss was withdrawn by the appellant.

The Veteran's lumbosacral disc bulging and chronic back strain have not resulted in the required range of motion or other criteria for a higher rating, so his initial claim for an increased rating is denied.

The Board denied the Veteran's claims for service connection for a low back disability and a right knee disability, including as secondary to a low back disability. The evidence did not establish continuity of symptomatology or show that the current disabilities were related to service.

The Veteran's spine disabilities are being remanded for additional development, including obtaining records from a private care physician who treated the Veteran.

The Veteran's claim for an increased rating for his service-connected chronic lumbosacral strain with degenerative joint disease and degenerative disc disease was granted, with a rating of 20 percent effective from February 18, 2010.

The Veteran's service-connected low back pain and postoperative residual scar from a pilonidal cyst are found to be disabling enough to prevent him from securing or following substantially gainful employment, warranting a TDIU rating.

The Veteran's lumbar spine disability is manifested by forward flexion to no more than 60 degrees with pain at 40 degrees, and he has experienced one incapacitating episode in the past year. The Board finds that a higher initial evaluation of 20 percent for degenerative disc disease of the lumbar spine with right-sided sciatica is warranted.

The Board denied the appellant's claims for increased ratings for his service-connected low back disability, finding that the evidence did not meet the criteria for a higher rating prior to August 22, 2006 and from August 22, 2006 onwards. The claim was also denied for separate ratings for lumbar radiculopathy.

The Veteran's appeal is being remanded to obtain additional medical records and for further examination. The issues include service connection for back conditions and a psychiatric disability, with the possibility of increased ratings.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran's service-connected disabilities alone are of sufficient severity to produce unemployability.

The Board found that the Veteran's current back disability is not related to service, and thus denied his claim for service connection.

The Board has remanded the case for further evaluation of the Veteran's low back disability, including an examination to assess functional loss due to pain and a neurological examination to determine if there is any neurologic impairment secondary to his low back disability.

The Board has granted the Veteran's claims for service connection in full, including reopening of previously denied claims and granting new evaluations.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by service and is not otherwise related to any disease or injury incurred therein.

The Veteran's appeal is being remanded to determine his eligibility for VA benefits due to a conditional discharge, which may result in a complete bar to VA benefits. The issues of service connection and higher ratings will be addressed after this determination.

The Veteran's service-connected lumbar disc disease, L5-S1, with scoliosis and spondylosis is currently rated at 20 percent. The Veteran's service-connected degenerative disc disease of the cervical spine with spondylosis is also rated at 20 percent.

The Board denied a higher rating for the Veteran's low back disability on an extra-schedular basis and determined that he is not entitled to a TDIU based on his service-connected disabilities.

The Veteran was granted increased ratings for his lumbar spine disability and service connection for its residuals. The effective dates of these decisions are tied to the effective date of the increased rating for the lumbar spine disability.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied by the RO. The Board referred the matter back to the RO for further development, including obtaining a VA examination and updating the Veteran's address.