Back / lumbar spine decisions — 2011

The Board has determined that the Veteran incurred degenerative disc disease of the lumbar spine during active service and grants service connection for this condition.

The Board has remanded the case for further evidentiary development, including obtaining updated treatment records and scheduling a VA neurological examination.

The Veteran's initial higher ratings for cervical spine degenerative disc disease and mechanical low back pain syndrome have been denied as his conditions do not warrant a rating greater than the currently assigned 10 percent or 20 percent evaluations.

The Veteran's claim for a higher disability rating for his thoracolumbar spine disorder prior to January 31, 1974 was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent before this date. Between January 31, 1974 and February 8, 2001, a 20 percent disability rating for thoracolumbar strain was reasonably warranted.

The Veteran's fungal skin disability of the feet and toenail fungus have been granted service connection. Service connection for bilateral shoulder/cervical spine disability has also been granted, but no rating assigned. The Veteran's lumbar sprain with degenerative disc disease is rated at 40 percent, which is the maximum schedular rating available.

The Board has remanded the case for further development due to a lack of compliance with previous orders. The Veteran is scheduled for a hearing before a Veterans Law Judge at his local regional office via videoconference or in person if preferred.

The Board has determined that the Veteran's current lumbar spine disability is not related to his active duty service and therefore denied his claim for service connection.

The Veteran's appeal is being remanded to obtain VA treatment records from 1995-2002 and Social Security Administration records. The case will be reviewed again after these records are obtained.

The Board has remanded the case for further development due to insufficient medical evidence regarding the onset and etiology of the Veteran's claimed conditions, specifically left knee pain and low back pain.

The Board finds that the Veteran's low back disability, diagnosed as degenerative disc disease of the lumbar spine and status post-lumbar fusion from L4-to-S1, had its onset in service. Therefore, service connection is granted.

The Board has determined that a remand is necessary to obtain additional medical opinions and examinations for the Veteran's low back disorder, left foot disorder, and hemorrhoids. The claims are being returned to the RO/AMC for further development.

The Board has granted service connection for a left acoustic neuroma for the purpose of accrued benefits. The issue of service connection for a back disability remains pending and is being remanded.

The Veteran's service-connected disabilities, including sleep apnea, severe allergic rhinitis, low back strain, chorioretinal scar of both eyes (previously characterized as healed central serous retinopathy of the left eye with xanthelasma), tinnitus, and sensorineural hearing loss, did not prevent him from securing or following a substantially gainful occupation before May 4, 2010.

The Board finds that the Veteran's current diagnoses of degenerative joint disease / degenerative disc disease of the cervical spine and mild degenerative disc disease of the lumbar spine are related to his service, granting service connection for these conditions.

The Veteran's low back disability is currently evaluated as 40 percent disabling, with no worse than mild incomplete sciatic radiculopathy of each lower extremity and moderate limitation of motion of the lumbar spine. The claim for an increased rating was denied.

The Veteran's low back disorder is being remanded for a new VA examination to determine its etiology and whether it is related to service or his right hip disability.

The Veteran's low back disability is being remanded for a VA examination to determine if it is caused or aggravated by his service-connected left knee chondromalacia. The issue of secondary service connection has been raised and the Veteran needs notice regarding this claim.

The Board found that the Veteran's service-connected chronic lumbar strain with degenerative joint disease does not warrant an evaluation in excess of 10 percent, as her range of motion and symptoms do not meet the criteria for higher ratings under applicable diagnostic codes.

The Veteran's tinnitus was granted service connection. The initial disability ratings for his thoracolumbosacral and cervical spine strains are pending.

The Veteran's right and left knee disabilities are rated at 10% each, with no higher ratings due to limitations in range of motion. The Veteran is granted a separate 10% rating for slight instability of the right knee.,The Veteran's lumbar spine disability remains rated at 10%, as there is no evidence of ankylosis or dislocation of semilunar cartilage, and limitation of motion does not meet criteria for higher ratings under applicable diagnostic codes.