Back / lumbar spine decisions — 2011

The Veteran's claims for higher initial disability ratings for his service-connected lumbosacral strain/sprain syndrome, left knee arthritis, and right knee traumatic arthritis were denied. The Board found that the preponderance of evidence did not support a finding that any of these conditions warranted an increased rating.

The Board denied the Veteran's claim for service connection for a back disorder, finding that his pre-existing condition existed prior to service and did not increase in severity during service. The Board also found no CUE in the RO decisions of January 1987 and August 1987.

The Veteran's service-connected lumbar and cervical spine disabilities, including associated lower extremity neurologic manifestations, are granted. The case is remanded for further development.

The Veteran's claim for an increased evaluation for his service-connected chronic lumbar strain is being remanded due to the need for a new VA examination to assess the current severity of his disability and quantify any additional loss of range of motion during flare-ups.

The Board denied the Veteran's claim for an increased disability rating for his service-connected thoracolumbar spine disability, finding that it did not meet the criteria for a higher rating based on the current evidence of record.

The Board has determined that the Veteran does not have any current neurologic manifestations secondary to his service-connected low back disability.

The Board has ordered a remand for further examination and development of the Veteran's claim for service connection for a low back disorder. The case will be reviewed to determine if any current low back conditions, including degenerative joint disease, degenerative disk disease, or scoliosis (if considered a disability), are related to his active duty service.

The Veteran's claims for cervical spine disorder, lumbar spine disorder, and migraine headaches are being remanded due to the need for additional medical examinations.

The Veteran's appeal for a rating in excess of 50 percent prior to June 13, 2008, for PTSD was denied as the symptoms did not meet the criteria for a higher rating.

The Veteran's initial disability ratings for service-connected lumbar spine disability and major depressive disorder have been granted, with the lumbar spine disability receiving a 20 percent rating.

The Veteran's appeal is being remanded for additional development, including obtaining service personnel records and medical records from private providers. A VA examination will also be conducted to determine the nature and etiology of his lumbar and cervical spine disabilities.

The Board has determined that further development is needed to address the appellant's claim for service connection for the cause of the Veteran's death, including providing proper VCAA notice and obtaining additional medical records. The case will be remanded for these actions.

The Board has found new and material evidence in some of the Veteran's claims, but not all. Service connection for a right shoulder disorder is reopened, while service connection for left shoulder disorder, thoracic spine disorder, and lumbar spine disorder remains denied.

The Veteran's appeal is being remanded for additional examinations and opinions to determine the severity of his service-connected disabilities, as well as to address the etiology of his bilateral hearing loss and tinnitus. The claims will be readjudicated after these actions.

The Board has determined that the Veteran's claims of clear and unmistakable error in various rating decisions are mixed, with some issues being granted and others denied. The Veteran is seeking service connection for a variety of conditions including flatfeet/pes planus, neck muscle strain, wrist disorders, arthritis, cervical spine disorder, carpal tunnel syndrome, peripheral vascular disease, asthma, rhinitis, sleep apnea, conjunctivitis, hyperlipidemia, and sinusitis.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of these claims as he is no longer alive.

The Veteran's service connection for chronic lumbar strain with DDD was granted, but the initial rating of 10% prior to December 29, 2008 is denied. Ratings of 40% and 30% are assigned for lumbar radiculopathy of the right and left lower extremities from February 24, 2009.

The Board denied service connection for residuals of a concussion and degenerative joint disease of the lower lumbar spine, finding no evidence linking these conditions to service or any service-connected disability.

The Veteran's lumbar spine disability was rated at 50 percent from January 30, 2007 to June 4, 2007 and September 1, 2007 to March 1, 2008. From March 1, 2008 to September 4, 2008, the disability was rated at 20 percent. Effective from September 4, 2008, a higher rating is not warranted.

The Veteran's claim for recoupment of severance pay based on a 20 percent disability rating is granted. The amount to be recouped each month should be the remainder of the amount payable for the combined disability rating less the amount payable for the combined non-severance disabilities.