Back / lumbar spine decisions — 2011

The Board found that the Veteran's low back disability was not incurred or aggravated in service and denied his claim for service connection.

The Board found that the Veteran's claims for service connection were denied as new and material evidence was not submitted to reopen his August 1982 RO administrative decision, which held that injuries incurred in a December 7, 1980 motorcycle accident were not incurred in line of duty. The Board also determined that there is no direct link between the Veteran's current disabilities and service.

The Veteran currently suffers from bilateral leg dysesthesia, a condition that is causally related to his service-connected degenerative disc disease of the lumbar spine. His claim for an increased rating for his back disability has been granted.

The Board has determined that service connection is granted for a right hip disorder. The issue of whether the Veteran's lumbar spine disorder is secondary to her right hip disorder remains pending.

The Veteran's claim for service connection for a low back disability, claimed as secondary to his service-connected left knee disability was denied because there is no evidence of a chronic low back disability.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or housebound status as a result of service-connected disabilities is denied because he does not meet the criteria for either benefit.

The Veteran's lumbosacral strain was previously rated at 10 percent and increased to 20 percent effective May 2, 2011.

The Board denied the Veteran's claims for higher initial ratings for his service-connected low back disability, finding that the evidence did not meet the criteria for an increased rating from March 5, 2008 to September 13, 2010 and on and after September 14, 2010.

The Veteran's appeal is being remanded to allow for a video conference hearing before the Board of Veterans' Appeals. The issues on appeal include service connection claims and reopening claims for various disabilities.

The Veteran's claim for service connection for a back disability, to include as secondary to his service-connected bilateral knee disability, has been remanded due to the need for additional development.

The Veteran's service-connected degenerative disease of the lumbar spine is currently rated at 10 percent, and there is no evidence that it warrants a higher rating. The other issues on appeal are either not addressed or denied.

The Board has determined that the Veteran's current low back disorder is not related to her active service and is more likely due to postservice work-related injuries. Therefore, she does not meet the criteria for service connection.

The Veteran's claims for increased ratings for a lumbar spine disability and a right knee disability are being remanded due to the need for additional development, including obtaining updated medical records and conducting VA examinations.

The Veteran's service-connected disabilities do not render her unemployable, as she is currently employed in an administrative/personnel capacity.

The Board has determined that the Veteran's back disorders, specifically degenerative joint and disc disease of the cervical spine and thoracolumbar spine, are related to his active military service.,The Veteran was provided with a VA orthopedic examination in May 2008, which concluded that his current back conditions were not caused by or related to the in-service jeep injury.

The Board has ordered additional development due to incomplete records and the need for a new VA examination. The Veteran's claims for service connection for back and right hip disorders will be reconsidered after all requested information is obtained.

The Veteran's degenerative disc disease at L5-S1 has not significantly improved, and her disability remains rated at 20 percent.

The Veteran's TDIU claim is granted with an effective date of July 15, 2005, the day following his service separation.

The Veteran's tinea versicolor was rated at 60 percent effective October 19, 2009. The low back disability issue is not addressed in this decision.

The Veteran's claim of entitlement to an increased rating for his cognitive disorder was granted, effective October 23, 2008. The effective date for the grant of service connection for a cognitive disorder is set at November 21, 2006.