Back / lumbar spine decisions — 2011

The Board denied service connection for depression and a lumbosacral herniated nucleus pulposus, as well as service connection for radiculopathy of the lower left and right extremities. The Veteran's claims were remanded to issue statements of the case on these issues.

The Veteran's service-connected low back disability is granted with a noncompensable rating, and his claim for increased ratings remains pending. The Board also found that the Veteran does not have a separate service-connected disability manifested by chest pain.

The Veteran's PTSD was rated at 30 percent from November 1, 2004 until January 31, 2007 and increased to 50 percent thereafter. The bilateral hip disorders were each rated at 10 percent. The Veteran's lumbar spine condition was initially rated at 10 percent and later increased to 20 percent.

The Board denied the Veteran's petition to reopen his claim for service connection for a low back disorder, finding no new and material evidence had been submitted.

The Board found that new and material evidence had not been submitted to reopen the Veteran's claim for service connection for degenerative arthritis of the lumbar spine, and thus denied the reopening of the claim.

The Veteran's claims for increased ratings for his service-connected low back disability and right knee disability are being remanded to allow for additional development, including obtaining VA treatment records and scheduling a neurological examination.

The VA determined that the Veteran's low back disorder is not related to his military service and denied his claim.

The Board has granted service connection for degenerative joint disease, degenerative disc disease of L3-L4, L4-L5, L5-S1, and mild dextroscoliosis. Service connection for hypertension is denied as there is no current diagnosis or evidence of persistent symptoms during the appeal period.

The Veteran's appeal is remanded due to insufficient evidence regarding his ability to secure or maintain substantially gainful employment due to service-connected disabilities. Additional medical records and Social Security Administration records are needed.

The Veteran's service-connected degenerative joint disease and degenerative disc disease, L5-S1, is currently rated at 40 percent. The Board found that the evidence does not support a higher rating as there has been no medical finding of ankylosis or incapacitating episodes over the past 12 months.

The Veteran is unable to secure and follow substantially gainful employment as a result of his service-connected disabilities, which include PTSD, splenectomy residuals, low back disability, bilateral hearing loss, and kidney stones. The Board finds that the evidence supports the conclusion that the Veteran's service-connected conditions prevent him from engaging in substantially gainful employment.

The Board found that the Veteran's chronic low back disorder was not incurred in or aggravated by active military service and denied his claim.

The VA denied service connection for a low back disability, finding that the current condition is not related to military service.

The Veteran's claim for a higher initial rating for his service-connected degenerative disease of the low back was denied as he failed to report for a scheduled VA neurological examination.

The Veteran's service-connected back disability is currently rated as 10 percent prior to August 4, 2010 and as 20 percent from that date. The Board finds no evidence of additional disability warranting a higher rating.

The Board has remanded the case for additional development, including obtaining a VA examination to determine the nature and severity of the Veteran's left hip disorder and whether her low back disorder is related to or aggravated by that condition. The Veteran also seeks an increased evaluation for her service-connected left hip disorder.

The Veteran's claims for increased ratings and an earlier effective date have not been properly appealed, as no timely substantive appeal has been filed. The Board is dismissing these claims.

The Board has granted service connection for an acquired psychiatric disorder and a low back disorder, finding that the Veteran's conditions are related to his military service.

The Veteran's appeal is being remanded for additional development, including examinations and the provision of outstanding medical records.

The Board has determined that the appellant does not have a liver disability or a low back disability due to service connection, and thus denied both claims.