Back / lumbar spine decisions — 2011

The Veteran's claim for service connection for low back disability has been reopened. The rating for the fracture of the left acetabulum remains at 40 percent from May 28, 2008. No new and material evidence was provided to reopen the PTSD claim.

The Veteran's right lower extremity radiculopathy is found to be proximately due to or the result of his service-connected degenerative disc disease of the lumbar spine. The Veteran's increased rating claim for his lumbar spine disability remains pending.

The Board has denied the Veteran's claims for service connection for right knee and low back disabilities, finding no new and material evidence to reopen these claims. The claim for service connection for a right shoulder disability was also denied as there is no competent medical evidence linking the current condition to service.,For the right knee laceration residuals, the Veteran does not meet the criteria for a compensable rating under Diagnostic Code 7805.

The Board has determined that additional development is needed in order to properly adjudicate the appellant's claims, including obtaining medical opinions and considering his total disability rating based on individual unemployability.

The Veteran's claim for service connection for osteoarthritis of the low back was denied as there is no evidence showing it was incurred during or aggravated by his active duty service.,The Veteran's claim to reopen his claim of service connection for osteoarthritis of both hips, status post total arthroplasty in the right hip, was also denied due to lack of new and material evidence.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 10 percent, and his claim for peripheral neuropathy or radiculopathy of the right lower extremity has been granted as secondary to his service-connected lumbar spine disorder.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there was no in-service injury or disease and no continuous symptoms after service. The evidence did not establish a nexus between the current lumbar spine disorder and service.

The Board has restored the Veteran's original 40 percent disability rating for his service-connected low back disability, which represents a complete grant of the benefit sought on appeal.

The Board denied the Veteran's claims for increased ratings for major depression and lumbosacral strain, as well as his claim for service connection for a bilateral knee disorder. The decision also noted that his TDIU claim was reasonably raised by the record.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to determine the nature and severity of the Veteran's claimed conditions.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for back and neck disabilities, finding that any current conditions are not related to his military service.

The Veteran is in need of regular aid and attendance due to his service-connected back disability, which requires assistance with all activities of daily living.

The Veteran's service-connected disabilities do not warrant an extra-schedular rating, but he is found to be unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's claims for higher initial ratings for his service-connected lumbar spine and wrist disabilities are being remanded due to the need to obtain additional VA treatment records.

The Veteran's claim for an increased rating for chronic right shoulder strain was denied as she failed to report for a necessary VA examination. The claim is also denied due to the lack of evidence showing unemployability.

The Veteran's service-connected degenerative arthritis of the lumbar spine with sciatica is currently rated at 40 percent, effective January 6, 2010. The appeal for higher ratings prior to this date has been denied.

The Veteran's claim for a total rating for compensation purposes based on individual unemployability is being remanded to the Under Secretary for Benefits or Director of Compensation and Pension Service for consideration under 38 C.F.R. § 4.16(b).

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment, consistent with his education and occupational experience.

The Veteran's claim for service connection for bilateral hearing loss was denied as he does not have a current disability. The TDIU claim is remanded due to inadequate examination.

The Veteran's initial increased rating for service-connected lumbar spine disability was granted, with a current evaluation of 40 percent. The appeal also addressed whether he should have received an even higher rating prior to June 26, 2010.