Back / lumbar spine decisions — 2011

The Veteran's service connection claims for lumbar and cervical spine disorders were granted, with a 10% disability rating effective from August 16, 2002. The claim for hepatitis C was also granted, with a 20% disability rating effective from March 8, 2004.

The Veteran's claims for increased evaluations for service-connected prostatitis, lumbar spine disorder, and cervical spine disorder were denied. The RO found that the evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The Board found that the Veteran's current lumbar spine disorder did not onset in service and is not causally related to service. Therefore, the claim for service connection was denied.

The Veteran seeks service connection for a lumbosacral spine disability. The RO observed that the Veteran's service treatment records are negative for a diagnosis of or treatment for a low back disability, but military records confirm participation in combat operations during service in Vietnam. Pursuant to 38 U.S.C.A. § 1154(b), with respect to combat veterans, VA shall accept as sufficient proof of service-connection satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease if consistent with the circumstances, conditions and hardships of such service. The Veteran has asserted a history of chronic low back pain since service separation.

The Board has determined that service connection for a bilateral hearing loss disability and degenerative disc disease of the lumbar spine is not warranted as there is no evidence to support a nexus between these conditions and active military service.

The Board has reopened the claim for service connection for a back disability and found new and material evidence to support this claim. However, it determined that there is no causal relationship between the appellant's current hernias, rashes and pruritis, hearing loss, or hypertension with his active service or any service-connected disabilities.

The Board has decided to remand the case for a new VA examination to determine if the Veteran's current low back disorder is related to his military service. The claim will be returned to the RO after the examination.

The Veteran's claim for an increased rating for his lumbar spine disability with neurological manifestations of the right and left lower extremities is being remanded due to a need for additional development, including a new examination.

The Veteran's lumbar strain disability is currently rated at 40 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record. The case is being remanded to the RO for further action.

The Board has granted service connection for the Veteran's left ankle strain, osteoarthritis of the left hip, and low back condition. However, effective dates prior to the dates of the original claims have been denied.

The Board has determined that the Veteran's left middle finger disorder and low back disorder are related to her active duty service.

The Veteran's claim for spousal aid and attendance benefits is granted with an effective date of June 29, 2007.

The Board has determined that the Veteran's cervical spine disorder was not incurred or aggravated by military service and is not secondary to a service-connected disability.

The Board has determined that additional development is needed to determine if the appellant's right knee, low back, and sleep apnea disabilities are related to his service-connected left knee disability or other conditions. The case is being remanded for further action.

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

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a back disorder. The Veteran maintains that his current lower back disorders are related to injuries he experienced during service in the 1950s, and VA has found this evidence sufficient to warrant reopening the claim.

The Veteran's lumbar spine disability did not meet the criteria for a higher initial rating as it did not result in forward flexion of the thoracolumbar spine less than 60 degrees, or combined ranges of motion less than 120 degrees.

The Board has remanded the case due to incomplete records and the need for a VA medical examination to determine if the Veteran's current back disability is related to service.

The Veteran's service-connected discogenic sclerosis lumbar spine with degenerative disc disease was productive of severe intervertebral disc syndrome from March 1, 2002, through July 9, 2003. From July 10, 2003, the disability has been rated at 20 percent.

The Veteran's claims for increased ratings were denied as his service-connected lumbosacral and thoracic strain with degenerative changes did not meet the criteria for a higher rating.