Back / lumbar spine decisions — 2011

The Board has decided to remand the Veteran's claims due to incomplete service records and need for further development, including verification of dates of active duty and National Guard service.

The Veteran's claims for increased ratings and effective dates have been granted. Effective dates prior to July 2, 2008, are established for the peripheral neuropathy of his upper and lower extremities.

The Veteran's initial evaluation for lumbar mechanical strain was granted at a 10 percent rating effective from July 2007. In May 2008, the RO increased her evaluation to 20 percent effective March 4, 2008.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disability and remanded it for further development, including a VA examination.

The Board has determined that the Veteran does not have a current back disorder or left leg disability, and there is no evidence of record showing these conditions are related to his service-connected left ankle sprain. Therefore, the claims for service connection are denied.

The Board found no evidence of a current disability related to the Veteran's back or TBI, and thus denied service connection for both conditions.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination, to determine the etiology of his claimed disabilities and their relationship to service.

The Veteran's service-connected disabilities did not meet the criteria for a TDIU on an extra-schedular basis, and his claims for increased evaluations were denied.

The Veteran's low back disability, characterized by limited forward flexion of the thoracolumbar spine to 30 degrees or less, has been granted a 40 percent rating since September 7, 2004.

The Board has determined that the Veteran's current back disabilities, including arthritis and other conditions, are not related to service. The pre-existing idiopathic scoliosis did not increase in severity during service, and there is no evidence of a current disability for which service connection can be granted.

The Board denied the Veteran's claim of service connection for a low back disability, finding that new and material evidence had not been submitted to reopen his previously denied claim.

The Veteran's service-connected chronic lumbar syndrome with disc bulge at L4-5 is currently rated as 40 percent disabling effective January 8, 1997. The appeal for higher ratings prior to that date has been denied.

The Veteran's degenerative disc disease of the lumbar spine is manifested by pain and limited forward flexion, but does not meet criteria for a higher rating. The Board has granted an initial 20 percent disability rating.

The Veteran meets the schedular criteria for TDIU and her service-connected disabilities preclude her from securing or following a substantially gainful occupation as of October 18, 2001.

The Board found no evidence of a current psychiatric disability and concluded that the Appellant's low back disability is not related to service. The claims for both conditions were denied.

The Board found that the Veteran's mild degenerative joint and disc disease of the cervical spine did not have its onset in service, within one year of service, nor may it be presumed to have been incurred in service. The claim was denied.

The Board has determined that new and material evidence has been received sufficient to reopen the Veteran's previously denied claim of service connection for a low back disability. The appeal is granted.

The Board has determined that a new examination is needed to assess the current severity of the Veteran's ankle and back disorders, as well as additional records are required. The appeal will be remanded for these purposes.

The Board has granted service connection for low back strain, left hip disability, and acquired psychiatric disorder (including PTSD, generalized anxiety disorder, depression, and adjustment disorder with mixed anxiety and depressed mood). The Veteran's right foot and left foot disabilities are also found to be related to his military service.

The Veteran's appeal is being remanded for further development, including VA examinations to determine the nature and etiology of his hepatitis C, back disability, and psychiatric disability. The RO will also print out records from a CD-R provided by the Veteran.