Back / lumbar spine decisions — 2011

The Veteran's lumbosacral strain has not been shown to be manifested by unfavorable ankylosis of the entire thoracolumbar spine, and therefore does not meet the criteria for a rating in excess of 40 percent.

The Board has determined that the Veteran's claims for service connection for hypertension, prostate cancer and diabetes mellitus secondary to Agent Orange exposure, chronic anemia as secondary to prostate cancer and Agent Orange exposure, skin cancer, lumbar spine disability, and residuals of a right leg burn have been denied due to lack of evidence linking these conditions to his military service.

The Board has granted service connection for the Veteran's lumbar spine disorder, finding that it had its onset in service. The issue of whether his left knee disorder is secondary to his right knee degenerative arthritis remains pending and will be addressed at a future date.

The veteran's appeal is being remanded for a VA examination to determine the presence and extent of lumbosacral radiculopathy, as his May 2006 VA examination did not reflect this condition.

The Veteran's service-connected right ankle disability is rated at 10 percent, effective May 23, 2007. The right knee and left knee disabilities are each rated at 10 percent, effective September 24, 2007. The lumbar spine disability remains rated at 20 percent.

The Board has reopened the Veteran's claim for service connection for sickle cell anemia due to new and material evidence. The claims for service connection for a skin disorder, right knee condition, numbness of the bilateral lower extremities, and a lower back condition are denied as there is no medical evidence linking these conditions to his active service. The claim for compensation under 38 C.F.R. § 1151 for aggravation of a right shoulder condition is dismissed.

The VA has granted service connection for the Veteran's right and left knee disabilities and lumbar spine disability but denied an initial rating in excess of 10 percent for a left ankle disability.

The Veteran's appeal is being remanded to the RO for further development, including obtaining records and conducting examinations. The issues of service connection for various disorders are pending.

The Veteran's low back disability with radiculopathy was initially rated at 10 percent prior to January 13, 2009 and increased to 20 percent thereafter. The claim for an initial rating in excess of 10 percent prior to January 13, 2009 is granted.

The Veteran's appeal is remanded for further development, including obtaining additional medical records and scheduling a VA examination to determine the nature, extent, onset, and etiology of any low back disability found to be present.

The Board has reopened the Veteran's claim for service connection for a back condition and granted it, finding that there is at least equipoise evidence in favor of the claim.

The Veteran's chronic lumbosacral strain was initially manifested during his service in Germany and has continued since. The Board finds that the Veteran's condition is a chronic condition that existed continuously since service, warranting service connection.

The Veteran did not sustain an injury or disease to his low back or right leg during service, and there is no evidence of chronic symptomatology since service. The Board finds that the Veteran does not currently have a diagnosed low back disorder or right leg disorder.

The Veteran's initial ratings for his service-connected left shoulder and cervical spine disabilities have been granted, but the RO has not yet assigned effective dates. The Veteran seeks higher initial ratings.

The Veteran's dysthymic disorder, cervical disc disease, and lumbar spine injury have a combined disability rating of 60 percent. His service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Veteran's claim for a higher initial rating for his service-connected low back disorder was denied. The Board found that the evidence did not support an evaluation in excess of 40 percent based on limitation of motion or intervertebral disc syndrome.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling a VA examination.

The Board denied the Veteran's claims for increased evaluations for his service-connected traumatic arthritis of the thoracic and lumbar spines, finding that a rating in excess of the current ratings is not warranted.

The Veteran's service connection claims for degenerative joint disease of the lumbar spine, disability of both hips, bilateral carpal tunnel syndrome, asbestos exposure, and tuberculosis are all granted. The Veteran is assigned a 30 percent rating for his cervical spine disability since March 26, 2008.

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