Back / lumbar spine decisions — 2011

The Veteran's claims for service connection have been denied as there is no evidence of a current disability or in-service injury that would support the claims. The dental and eye conditions are not considered compensable under VA regulations.

The Board has granted the Veteran's claims for service connection for tinnitus, sinusitis, and gastroesophageal reflux disease (GERD). The claim for a left foot disability is pending. The claim for a low back disability remains pending.

The Board has granted service connection for a thoracolumbar spine disorder and an acquired psychiatric disorder, including bipolar disorder, depression, anxiety with short-term memory loss and irritability.

The Veteran's initial claim for higher ratings for his lumbar spine disability was denied. The RO increased the rating to 20 percent effective April 2006.

The Veteran's claim for earlier effective date for a separate evaluation of radiculopathy in the right lower extremity as secondary to lumbar spine disability is denied. The earliest medical evidence showing a diagnosis of radiculopathy was from March 2007, and an increase in disability associated with this condition prior to August 3, 2006 could not be factually ascertainable.

The Veteran's service-connected left lower extremity radiculopathy and degenerative disc space with spondylosis of the lumbar spine have been rated at 20 percent, which is the maximum schedular rating available for these conditions.

The Board has remanded the case for additional development, including obtaining medical records and attempting to corroborate a claimed stressor. The Veteran's claims of service connection for PTSD and compression fracture injury to the lumbar spine are pending.

The Board has determined that the Veteran's residuals of a right distal fibula fracture with degenerative arthritis warrant a 20 percent disability rating, but no higher. The other issues have been addressed and are mixed in disposition.

The Veteran's bilateral foot disability, right ear tinnitus (claimed as a right ear disability), and back disability are not service-connected.,The Veteran did not meet the legal requirements for establishing basic eligibility for VA non-service connected pension benefits.

The Board has granted service connection for a schizoaffective disorder, bipolar type. The Veteran's low back and left elbow disabilities are being remanded to obtain VA treatment records and contemporaneous examinations.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his lumbar spine disability and any associated neurological impairment.

The Board finds that the Veteran's lumbar spine disorder, to include sciatica, is not related to her service and thus does not meet the criteria for service connection.

The Board has determined that new and material evidence has been presented to reopen the previously denied claim of service connection for a low back disability. The Veteran is now entitled to a VA examination to determine if his current low back disorder is related to active service.

The Veteran's low back disorder is not service connected due to lack of evidence linking it to his military service. However, the case is being remanded for a new examination and opinion from an examiner who will consider the Veteran's in-service report of low back pain.

The Veteran's lumbar strain has been rated at 20 percent since December 17, 2008. The Board denied a higher rating for the period from January 6, 2010 onwards due to lack of evidence showing unfavorable ankylosis or flexion limited to 30 degrees or less.

The Board has ordered additional development due to outstanding VA treatment records and the need for a supplemental opinion regarding whether the Veteran's pre-existing congenital spina bifida was aggravated by her military service.

The Board dismissed the appeal due to the Veteran's withdrawal of his appeal.

The Veteran's claims for service connection for neck/cervical spine disorder, low back disorder, and COPD are being remanded due to the need for additional development including obtaining medical records and an examination.

The Board has remanded the case for additional development, including verifying ACDUTRA service dates and scheduling VA examinations to address the appellant's claims. The issues include reopening previously denied claims of bilateral carpal tunnel syndrome and right foot disability, as well as determining whether new evidence supports reopening other claims.

The Veteran's service-connected low back disorder is rated at 20 percent, the maximum schedular rating available under VA guidelines. The effective date for this rating remains pending as it was not specified in the decision.