Back / lumbar spine decisions — 2011

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

The Board found no evidence of chronic hepatitis C symptoms during service or continuous symptoms since separation, and denied the Veteran's claims for service connection for hepatitis C, bilateral knee disorder, back disorder, and eye disorder.

The Veteran's claims of service connection for various conditions, including PTSD, back disorder, right and left arm disorders, skin disorder, headache disorder, and sinus disorder were denied. The Board found no evidence of current disabilities related to these issues.

The Board denied the Veteran's request to reopen his claim for service connection for lumbosacral strain, finding that no new and material evidence had been submitted.

The Veteran's lumbosacral strain is rated at 20 percent, and his tinea versicolor is rated at 10 percent prior to October 24, 2008, and 30 percent thereafter. The Veteran does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's service-connected cervical spine disability with torticollis and tremor is rated at 40 percent, the maximum schedular rating available 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 based on current medical evidence.

The case is being remanded to the RO for additional development, including obtaining VA medical records and scheduling a VA examination. The Veteran's claim will be readjudicated based on the new evidence.

The Veteran's prostate cancer status post prostatectomy is granted service connection based on presumed exposure to herbicides during his military service. Service connection for a lumbar spine disorder is remanded due to insufficient evidence.

The Veteran's appeal is being remanded for additional development, including a new VCAA letter and a VA examination to determine the current severity of his service-connected lumbar spine disorder.

The Veteran's asthma with chest pain and migraine headaches are related to her period of military service, while the remaining claims have been withdrawn.

The Board found that the Veteran's degenerative disk disease of the lumbar spine with radiculopathy was not incurred in or aggravated by service, may not be presumed to have been incurred therein and is not proximately due to or the result of a service connected disease or injury.

The Board has reopened the claim of entitlement to service connection for cervical and lumbar spine disabilities. The VA examiner concluded that these conditions pre-existed service, but did not provide clear and unmistakable evidence to support this conclusion.

The Veteran claims service connection for a back disability, including degenerative disc disease. The Board finds the incurrence element of the claim to be satisfied as he was hit by a hatch door in service and injured his lower back. However, further medical examination is needed to determine if there is a nexus between any current back injury and what happened in service.

The Veteran's claims for depression, low back disability, hamstring muscle cramping, sciatica of the left and right lower extremities are being remanded due to the need for additional medical examinations and opinions. The TDIU claim is also being considered concurrently.

The Board has determined that the Veteran's current diagnosis of multilevel degenerative disc disease and arthritis with associated sciatica of the bilateral legs is service-connected, as his history is consistent with the current examination findings and evaluation.

The Veteran's lumbar spine disability was granted with a staged rating, and the effective date for service connection is set at August 31, 2006. The claimant received an increased evaluation of 40 percent for his lumbar spine disability as of August 24, 2010.

The Veteran's claims for increased evaluations and service connection are being remanded to allow for additional development, including VA examinations. His TDIU claim is also being remanded as the necessary documentation has not been provided.

The Veteran seeks service connection for a spinal disability, including cervical, thoracic, and lumbar spine conditions. The case is being remanded to obtain additional medical records and conduct a new VA examination.

The Veteran's PTSD has been granted service connection and rated at 50 percent. The case is being remanded for additional development, including a new VA examination to assess the severity of his PTSD symptoms and its impact on his social and industrial adaptability, as well as whether his disabilities prevent him from engaging in substantially gainful employment.

The Veteran withdrew his appeal for the service connection claims for a left leg scar, right knee disability, right hand scar, scar from spider bite, and left shoulder disability. The Veteran also withdrew his appeals for increased ratings for hypertension and bilateral hearing loss.