Back / lumbar spine decisions — 2011

The Board has determined that the Veteran's current low back condition is related to his service, and therefore grants service connection for this condition.

The Veteran's claims for increased ratings for residuals of gunshot wounds to the right and left back at D6 level with muscle damage have been denied as his conditions do not warrant a rating higher than 10 percent.

The Board denied reopening of the claims for low back disability secondary to service-connected thoracic spine disorder and bilateral carpel tunnel syndrome due to lack of new and material evidence.

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

The Veteran's lumbosacral strain is currently rated at 40 percent, and the claim for an increased rating was denied. The Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Board denied the Veteran's claim for service connection for a low back disorder, concluding that there was no substantial compliance with prior remand instructions and that the evidence did not support service connection.

The Board has determined that the Veteran's tendonitis and bursitis, urinary incontinence, and low back, hip, and left leg scars are at least as likely as not related to his period of active service, including his service-connected lumbar spine disorder.

The Board has remanded the case for additional development, including an updated opinion regarding the Veteran's employability and a VA PTSD examination to address the current nature and severity of his service-connected PTSD.

The Veteran's low back disability was rated at 20% prior to February 22, 2010. From that date onwards, he is now receiving the maximum rating of 60% for his disability.,For left sided sciatica, a separate 10% rating has been granted effective from February 22, 2010.

The Veteran's claim for increased evaluations for lumbosacral strain with idiopathic scoliosis was denied as her disability did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under the applicable rating criteria.

The Veteran's claim for special monthly compensation based on the need for aid and attendance of another person or at the housebound rate is being remanded due to the need for further development, including obtaining VA medical records and scheduling examinations.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for residuals of a right elbow injury, left knee injury, right knee injury, head injury, and low back strain. As such, these claims remain denied.

The Board has determined that the Veteran's current low back disability, including spondylosis and degenerative joint disease of the lumbosacral spine, is related to his military service. The claim for service connection is granted.

The Board has determined that the Veteran's right knee disorder and back disorder were incurred during active service, granting his claims for these conditions.

The Veteran's low back disability, characterized as kyphoscoliosis of the spine with lumbar spondylosis, spiral stenosis at lumbar 2/3 and lumbar 3/4, and lumbar radiculitis, has been rated at 60 percent since February 2002. The Veteran's disability is characterized by severely limited range of motion, ambulation with a Trendelenburg compensation to the left, and restrictions on activities of daily living.

The Board has determined that additional development is needed to properly assess the Veteran's service-connected degenerative disc disease and his claim for a TDIU. The RO will arrange for the Veteran to undergo VA examinations, obtain all outstanding records, and provide him with another opportunity to respond.

The Board has reopened the Veteran's claims for service connection for a cervical spine condition and back condition, but remanded these issues to obtain additional medical records and to schedule the Veteran for a VA examination.

The Board denied the Veteran's claims of service connection for bilateral knee and right leg fracture disabilities, as well as his claim to reopen a previously denied claim for service connection for lower back disability. The Veteran's right iliac wing fracture was rated noncompensable, while his lower back disability was not found to be related to service.

The Veteran's appeal is being remanded to obtain updated VA treatment records and for a comprehensive examination to determine if his service-connected disabilities alone are sufficiently severe to produce unemployability.