Back / lumbar spine decisions — 2011

The Board has remanded the case for additional development, including obtaining medical opinions regarding the etiology of the Veteran's claimed conditions and their relationship to service.

The Veteran's claim for a TDIU prior to May 28, 2010 was denied as he did not meet the schedular or extraschedular criteria for such a rating.

The Veteran's claim for nonservice-connected pension is being remanded due to the need for additional development, including obtaining private medical records and VA treatment records. The Veteran will also undergo a VA examination to determine the severity of his disabilities.

The Veteran's claims for increased ratings for his low back disorder, left hip degenerative joint disease, right hip degenerative joint disease, and flat feet are being remanded due to the need for additional VA examinations.

The Veteran's claims for increased disability ratings and service connection have been remanded due to further due process consideration.

The Veteran's lumbar strain is currently rated at 20 percent, effective November 20, 2006. The claims for higher ratings for right and left lower extremity radiculopathy remain unresolved.

The Board found no credible evidence of a neck injury in service, and thus denied the Veteran's claim for service connection for a herniated cervical disc with spinal canal stenosis. Similarly, there was insufficient evidence to establish a link between the lumbar spine disorder and service.

The Veteran's service-connected disabilities do not result in loss of use of one or both feet, nor ankylosis of one or both knees or hips. The appeal is REMANDED for further development.

The Veteran's low back disability was rated at 40 percent prior to May 17, 2009 and at 60 percent since then. The appeal is denied as the rating assigned does not meet the criteria for a higher rating.

The Board has reopened the Veteran's claim for service connection for bilateral spondylolysis, L5. The claims of entitlement to service connection for hypertension and gout are being remanded for additional development.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of his workers compensation records.

The Board found no evidence of current disorders related to the Veteran's service and denied his claims for service connection.

The Board has determined that additional development is needed before the claim for service connection can be decided. The Veteran's spine and neck conditions are being examined to determine if they are related to his in-service injury.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance, warranting an increase in special monthly compensation (SMC) based upon the need of aid and attendance.

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's low back disability is likely due to injuries sustained during his military service, and thus grants service connection for this condition.

The Board has granted service connection for lumbosacral strain with facet syndrome and disc bulges, but denied an increased rating for left knee disability. The Veteran's claim for service connection for gastritis is remanded due to the need to obtain his private medical records.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 20 percent, which reflects the limitation of forward flexion to 45 degrees without additional loss due to pain or other factors. The claim for a higher rating has been denied.

The Board finds that the Veteran's current lumbar spine disorder is related to his service, including degenerative changes noted in a 1971 service treatment record. The claim for secondary service connection for bilateral shoulder disorder is denied as there is no evidence of a direct relationship.

The Board found that the Veteran's low back disability did not have its onset during active service or result from disease or injury in service, and therefore denied his claim for service connection.