Back / lumbar spine decisions — 2011

The Board has remanded the case for additional development due to VA's failure to obtain relevant medical records from Dr. Penner.

The Veteran's initial claim for a higher rating for his degenerative disc disease of the thoracic and lumbar spine was denied. The Board found that the current disability picture did not warrant an evaluation in excess of 40 percent, as it only manifested moderate limitation of motion with mild, incomplete paralysis of the right sciatic nerve.

The Veteran's appeal was denied for various issues related to his service-connected disabilities, including right arm radial nerve neuropathy, shoulder rotator cuff repair, lumbar and cervical spine conditions, left and right knee surgeries, and GERD. The appeals were addressed in the context of initial ratings assigned.

The Veteran's claims for increased ratings and service connection were denied. The effective dates for TDIU and DEA benefits were also denied.

The Board has denied the Veteran's claim for service connection for a low back disorder, finding that his current disability is not related to service despite his combat injuries and strain in service. The case was remanded for further development.

The Board denied service connection for sleep apnea, esophageal disorder, very weak bones, and back disability. The evidence did not provide a reasonable possibility of substantiating these claims.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine with low back pain is currently rated at 20 percent, which is the maximum schedular rating available for this condition. The examination revealed forward flexion of 40 degrees and extension of 15 degrees, resulting in a combined range of motion not greater than 120 degrees.

The Board has remanded the case for additional development, including another VA examination to assess the Veteran's service-connected thoracolumbar spine disability and determine if there have been incapacitating episodes due to this condition. The TDIU claim is also inextricably intertwined with a secondary service connection claim for cerebellar ataxia.

The Board denied the Veteran's claims for service connection for a back disability and a right shoulder disability, finding that there was no evidence of chronic disabilities present in or related to active duty service.

The Board has granted service connection for lumbar strain, but the claims of entitlement to service connection for right and left knee conditions are remanded due to insufficient evidence.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The RO should clarify his representation status and schedule him for a hearing at the earliest available opportunity.

The Board finds that the Veteran's claim for an earlier effective date for service connection of a low back disability cannot be granted as there is no new and material evidence submitted to reopen his previously denied claim.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine is currently rated at 10 percent prior to July 5, 2007. The May 2005 VA examination established that the Veteran experiences pain and limited range of motion without additional functional loss or weakness on repetitive use. Therefore, a higher initial evaluation of 20 percent is granted for this period.

The Board has determined that the Veteran's low back disability is related to his service and grants service connection for this condition.

The Board found that the Veteran's thoracolumbar strain does not meet or approximate the criteria for a higher initial rating beyond 10 percent.

The Veteran's appeal is being remanded to obtain additional service treatment records and to request in-patient clinical records from the US Army Hospital in Fort Carson and Landstuhl Hospital. The AOJ will then readjudicate his claims based on the updated evidence.

The Board has granted service connection for tinnitus, but denied the Veteran's claims for bilateral hearing loss, low back condition, bilateral ankle condition, and bilateral Achilles tendon condition. The Veteran's claim for an increased rating for PTSD is also addressed in this decision.

The Veteran's claim for service connection for tinnitus was denied, and his claim for an increased rating for lumbosacral strain superimposed on minimal scoliosis and degenerative disc disease, L3-4 and L4-5, at a 10 percent evaluation, was also denied.

The Veteran's low back disability, which includes a scar from his lumbar fusion surgery, was initially rated at 10 percent prior to September 3, 2009. The VA determined that the Veteran's range of motion during this period did not warrant an increased rating beyond 20 percent.

The Veteran's appeal is REMANDED for additional development, including obtaining VA and private medical records, arranging for appropriate examinations to assess the severity of his service-connected low back disability, and adjudicating all issues on appeal.