Back / lumbar spine decisions — 2011

The Board has determined that the Veteran's left knee disabilities and lumbar strain do not warrant higher initial disability ratings as they do not meet the criteria for more severe disability evaluations based on range of motion or other relevant factors.

The Veteran's initial disability ratings for lumbosacral strain and degenerative joint disease of the right shoulder remain at 10 percent, as his conditions do not meet criteria for higher ratings based on range of motion or x-ray findings.

The Veteran's lumbar spine disability is rated at 40 percent, the maximum available rating under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that this rating adequately reflects the severity of his condition.

The Board has granted service connection for left rotator cuff tear and right shoulder strain, finding that these conditions are aggravated by the Veteran's service-connected bilateral knee disabilities. Service connection for a lumbar spine disorder is denied as it is not proximately due to or aggravated by service-connected disabilities.

The Veteran's appeal is remanded due to the need for a video-conference hearing before a Veterans Law Judge.

The Veteran's claim for special monthly compensation based on aid and attendance of another person during his period of incarceration from May 1991 to April 1997 is denied as he does not meet the criteria for this benefit.

The Veteran's service-connected stress fractures have been rated at the minimum level of disability, and no further increase in rating is warranted for either leg.

The Board has determined that the Veteran's pilonidal cyst was not incurred or aggravated by service, and thus denied his claim for service connection.

The Veteran's cervical spine disability is rated as 60 percent disabling since March 24, 2010.,Prior to March 24, 2010, the Veteran's thoracic and lumbar spine disabilities are each rated as 10 percent disabling. Since March 24, 2010, her lumbar spine disability is rated as 40 percent disabling.

The Board has ordered additional development due to the need for a VA examination and retrieval of medical records. The Veteran's claims for increased evaluation for lumbar myositis and service connection for bilateral hearing loss are being remanded.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for low back and genitourinary disabilities. The case will be remanded for further action.

The Veteran's appeals for increased ratings and a TDIU were denied. The Board found that the evidence did not meet the criteria for higher ratings or a TDIU based on his service-connected disabilities.

The Board has remanded the case for a new VA medical examination to address the Veteran's low back strain claim, including consideration of in-service complaints and continuity of symptomatology.

The Board has determined that the Veteran does not have a current diagnosis of hypersensitivity pneumonitis, low back disorder, tremor of the right hand, or Raynaud's phenomenon. As such, service connection for these conditions is denied.

The Board has determined that new and material evidence has been presented to reopen the Veteran's claims for service connection for back and neck disabilities. The Veteran's current lumbar spine disability is found to be related to his active duty service, and he is granted service connection for this condition. Service connection for radiculopathy of the lower extremities as secondary to the lumbar spine disability is also granted.

The Board has remanded the case due to incomplete medical records and a need for another VA examination to determine the nature, extent, onset, and etiology of the Veteran's current low back disorder.

The Board has determined that the appellant's lumbar spine disability is not related to his period of qualifying active service and denied service connection. The appeal for restoration of PTSD service connection was also denied as there is no clear and unmistakable error in the original award.

The Veteran's claims for increased ratings for his service-connected adjustment disorder and musculoligamentous strain of the lumbar spine have been denied. The Board finds that there is no evidence to support a finding of worsening in these conditions since the last VA examination.

The Board found no evidence of a chronic back disorder during active duty and denied service connection for lumbosacral strain and degenerative joint disease of the spine as there is no credible evidence linking current symptoms to service.

The Board has remanded the case for additional development, including obtaining service personnel records and medical records from private providers. The Veteran's claim for service connection for a low back disorder will be reconsidered after these steps.