Back / lumbar spine decisions — 2011

The Veteran's service-connected disabilities are of such severity so as to preclude substantially gainful employment, and she is therefore entitled to a TDIU rating.

The Veteran's service-connected bilateral pes planus has been granted a 10% evaluation, effective from the date of the decision.

The Board found no evidence of a chronic low back disorder during service or within one year thereafter, and the preponderance of the evidence is against a finding that the Veteran's current low back disorder is etiologically related to his period of service.

The Board has remanded the case for additional development, including obtaining treatment records from North Broward Medical Center and any other providers who have treated the Veteran's low back disorder since November 2009. The Veteran's claim will be readjudicated after this additional development.

The Board has reopened the Veteran's claims for service connection for a right knee disability and chronic lumbar sprain with degenerative disc disease, finding that new evidence supports these claims. The Board determined that the Veteran's current conditions are related to his service-connected left knee disabilities.

The Veteran's appeal is being remanded for additional development, including scheduling of VA examinations to evaluate his lumbar spine degenerative joint disease, anxiety disorder, sinusitis, and allergic rhinitis.

The Veteran's appeal is being remanded for additional development, including a new spine examination and consideration of her TDIU claim.

The Veteran's low back strain with spondylosis and degenerative joint disease, degenerative disc disease, and spinal stenosis is currently rated at 40 percent. The other issues have not been granted increased ratings.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, which is the maximum schedular rating available for this condition. The Board finds that a higher rating is not warranted as his disability does not present an exceptional or unusual disability picture.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge at the RO.

The Veteran's service-connected lumbar spine disability has been manifested by complaints of pain and forward flexion to 90 degrees with combined ranges of motion at 240 degrees, which does not meet the criteria for a higher rating.

The Veteran's low back disability is currently rated at 20 percent, effective June 15, 2010. The rating reflects the limitation of motion and associated symptoms.

The Board has determined that new and material evidence has not been submitted to reopen the claims of entitlement to service connection for a stomach disorder (including a bleeding ulcer) and whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for a back disorder. The appeals are denied.

The Veteran's claims for increased evaluations for lumbosacral strain and right lower extremity radiculopathy are being remanded to obtain additional medical records, provide the Veteran with a current examination, and ensure all development actions have been completed.

The Veteran's lumbosacral strain is currently rated at 10 percent, effective December 15, 2007. The claim for an earlier effective date has been granted.

The Board denied the Veteran's claims for increased ratings for his degenerative disc disease of the lumbar spine and bilateral hearing loss, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's appeal is remanded for additional development, including a new VA examination and consideration of his TDIU claim.

The Board has determined that the Veteran's current lumbar spine disability is related to his service, specifically injuries he sustained while serving in Vietnam and Germany. As such, the claim for service connection is granted.

The Board found that the Veteran's lumbar spine disability, prior to May 14, 1997, approximated a 20 percent rating based on muscle spasm and painful lateral flexion.

The Board has determined that the Veteran's current low back disability is not related to his service and therefore denied his claim for service connection.