Back / lumbar spine decisions — 2011

The Board has determined that the effective dates for the grants of service connection for right knee arthritis, left knee arthritis, bilateral hearing loss, and lumbar spine disability are not earlier than September 11, 2006.

The Veteran's claims for increased ratings are being remanded to obtain updated VA treatment records and examinations, as well as any private treatment records from a chiropractor. The Veteran is entitled to initial compensable ratings for his service-connected left shoulder strain with history of compression arthralgia and hemorrhoids.

The Veteran's claims for service connection for right and left knee disabilities, as well as a low back disability are being remanded due to the need for additional development.

The Board has determined that the Veteran's low back disability and arthritis are not service-connected, as there is no evidence of a current disability related to service or secondary to a service-connected condition. The Board also found no evidence of left or right leg radiculopathy.

The Veteran's appeal for service connection for bilateral hearing loss was withdrawn. The Board found that the Veteran's residuals of TBI, including memory loss, migraine headaches and irritability, were incurred in active service.

The Board has remanded the Veteran's claims for further development due to insufficient rationale in a February 2009 medical opinion. The case is now before the Board for readjudication.

The Board has denied the Veteran's claims for service connection for bilateral knee and right ankle disorders, finding that a preponderance of the evidence does not support a relationship between these conditions and his active duty service. The lumbar back disorder claim is also denied.

The Veteran is entitled to payment or reimbursement for unauthorized medical expenses incurred at Flagler Hospital from November 6 to November 8, 2008, in the amount of $142.00, subject to applicable regulations concerning the maximum amount payable as established by VA's Secretary.

The Board has remanded the case for further development, including obtaining VA treatment records from January 2006 onwards and readjudicating the claims.

The Board has reopened the claims for service connection for back, left knee, feet, and left ear disabilities but denied reopening of the claim for service connection for a left ear disability. The effective date for PTSD is set at September 29, 2003.

The Veteran's DDD of the lumbar spine is rated at 40 percent, and his left and right lower extremity radiculopathy are each rated at 10 percent. The claims for increased ratings have been denied.

The Veteran's claim for service connection for a chronic lumbosacral spine disorder is being remanded due to the need for additional medical examination and development of records.

The Veteran's low back disability is currently rated at 20 percent, and the evidence does not meet the criteria for a higher rating based on forward flexion limited to 30 degrees or less.

The Board has remanded the claims of service connection for cervical and lumbar spine disabilities to the RO for further proceedings consistent with a Court decision. The case is now being returned to the Board for final adjudication.

The Veteran's claim of service connection for a low back disorder has been reopened due to the submission of new and material evidence. However, further development is needed as a VA examination is required to determine if his current condition is related to military service.

The Veteran's service-connected lumbar spine disorder is not manifested by ankylosis, incapacitating episodes as defined by VA regulations having a total duration of at least 6 weeks during a 12 month period, or any other associated neurologic impairment. For the period prior to September 7, 2010, his service-connected radiculopathy of the left lower extremity is not manifested by moderately severe incomplete paralysis. Since September 7, 2010, it has not been manifested by severe incomplete paralysis with marked muscular atrophy.

The Veteran's lumbar spine disability has been rated at 40 percent since July 12, 1999. The claim for TDIU is granted effective January 11, 2005.

The Board denied the Veteran's claims for service connection for hypertension and herniated disc of the lumbar spine, finding that there was no evidence linking these conditions to his active duty or to his service-connected diabetes mellitus. The diagnoses were not present in service or until many years after service.

The Veteran's lumbosacral strain is currently rated at the maximum schedular rating of 40 percent. The Board denied an increased rating as there were no documented incapacitating episodes requiring bed rest prescribed by a physician.

The Board has granted petitions to reopen final disallowed claims for service connection for hiatal hernia, residuals of an eye injury, peptic ulcer disease, degenerative disc disease of the lumbar spine, disabilities of the left leg and knee, and a psychiatric disorder. However, these claims remain denied as there is no evidence that any of these conditions were incurred or aggravated by military service.,The Veteran's hiatal hernia first manifested after service and is not related to his time in service.