Back / lumbar spine decisions — 2011

The Veteran's irritable bowel syndrome is presumed to have been incurred in active service, and the Board finds that he has a chronic unexplained multisymptom illness characterized as irritable bowel syndrome. The claim for service connection for sleep apnea and degenerative disc disease of the lumbar spine is remanded.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected low back disability and right S-1 sensory radiculopathy.

The Board denied reopening of the claims for service connection for right foot injury, right hip disorder, and low back disability due to lack of new and material evidence.

The Board found that arthritis of the hips and lumbar spine were not incurred or aggravated by active service, and are not proximately due to a service-connected disability.

The Board has determined that the Veteran's preexisting congenital fusion of the C2-3 vertebrae with degenerative disc disease at C3 through C7 was aggravated during service, and his headaches are secondary to his cervical spine disability. The Veteran's dorsal (thoracic) spine disorder is also considered secondary to his cervical spine disability.

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

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issues of service connection, rating for cervical spine disorder, and rating for sinusitis are still pending.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds no basis to grant a higher rating under either the old or new criteria for evaluating disabilities of the spine.

The Veteran's lumbar spine disability is currently rated as 60 percent disabling, which is the maximum schedular rating authorized for intervertebral disc syndrome under Diagnostic Code 5243. The Veteran does not meet criteria for a higher rating based on additional limitation of motion or other factors.

The Board has denied the Veteran's claims for service connection for a back disorder and lung disorder, finding that the preponderance of evidence is against these claims. The claim for an increased evaluation for bilateral hearing loss from May 6, 2004 was also denied.

The Veteran's claims of entitlement to increased ratings for his service-connected lumbar spine disability are being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling a new orthopedic and neurological examination.

The Board is remanding the case to consider whether the Veteran's service-connected low back disability should be considered under the diagnostic criteria for Intervertebral Disc Syndrome (IVDS).

The Board has granted service connection for PTSD and Degenerative Disc Disease of the Lumbar Spine, finding that these conditions are related to service.

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

The Veteran's disability rating for his service-connected lumbar strain was increased to 20 percent, which is the maximum schedular rating available under Diagnostic Code 5237. The decision did not address any other conditions or theories of service connection.

The Veteran's service-connected low back disability is currently rated at 20 percent, effective June 29, 2004. The Board has granted a separate 10 percent evaluation for left lower extremity neurological manifestations.

The Board has remanded the claim for a low back disorder due to incomplete medical nexus opinion and failure to comply with prior remand directives. The Veteran's current low back disorders are being reviewed again.

The Veteran's service-connected disabilities, when considered in light of his educational and occupational background, are of such severity as to preclude him from obtaining or maintaining any form of substantially gainful employment.

The Board denied service connection for a low back disability on a direct basis, finding that the Veteran's current condition is not related to his active military service. The other issues on appeal were remanded and are pending further action.

The Board has granted the Veteran's claim of entitlement to service connection for tension headaches, finding that his current headaches are related to in-service complaints and thus incurred in service.