Back / lumbar spine decisions — 2011

The Board has determined that there is no evidence to support the Veteran's claim of a lumbosacral spine disability being related to active service, and thus denied the claim.

The Board has determined that there is no credible evidence linking the Veteran's current lumbar spine disorder to his active service, including any in-service injuries. The claim for service connection is therefore denied.

The Veteran's service-connected lumbar strain with mechanical low back pain and degenerative changes, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity are all rated at 20 percent. The Veteran's residuals of a left knee contusion with patellofemoral syndrome and chondromalacia are also rated at 10 percent.

The Veteran's appeal is remanded for further development, including a VA examination to assess the severity of his service-connected low back disorder and determine if staged ratings are warranted.

The Board has determined that the Veteran's low back disorder is incurred in service and granted service connection. The issue of an initial compensable rating for hearing loss remains pending.

The Board denied service connection for all claimed conditions, including acquired heart disease, COPD, neck disability, back disability, and psychiatric disorder. The reasons were that the evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Board has determined that the Veteran's low back disorder, diagnosed as degenerative disc and joint disease with spinal stenosis, was incurred during active service. Service connection is granted.

The Veteran's claim for a rating in excess of 40 percent for his service-connected spondylolisthesis, L5-S1, and entitlement to TDIU was denied as the disability does not meet the schedular criteria for a higher rating or prevent him from securing and following substantially gainful employment.

The VA has determined that the appellant's mechanical low back pain with lumbar spine degenerative disc disease does not warrant a rating higher than 20 percent.

The Board has remanded the case for further development, including a VA examination to assess the Veteran's service-connected lumbar spine disability and its impact on his ability to work. The appeal is now pending again with the agency of original jurisdiction.

The Veteran's lumbar degenerative changes at L5-S1, with small disc bulging, mild lateral recess stenosis, and paraspinous thoracic myalgia with Schmorl's nodes have not been manifested by thoracolumbar flexion to 30 degrees or less, ankylosis, or incapacitating episodes having a total duration of at least four weeks during the past 12 months. Therefore, her claim for an increased rating is denied.

The Board has reopened the Veteran's claim of service connection for a low back disorder, but remands it for further development including a VA examination to determine the nature and etiology of his low back disorder.

The Board has determined that the Veteran does not currently have a bilateral shoulder disorder, bilateral ankle disorder, or low back disorder for VA compensation purposes. Therefore, service connection for these conditions cannot be granted.

The Board found that the Veteran's current thoracolumbar and cervical spine disabilities are not related to his service-connected bilateral knee disability, and thus denied both claims.

The Veteran's claim for an increased rating for his service-connected chronic low back strain is being remanded due to the need for additional VA examination and development of medical records.

The Veteran's claim for an increased evaluation in excess of 60 percent for his service-connected back disability is being remanded due to the need for a new VA examination.

The Veteran's service-connected lumbosacral strain has been manifested by complaints of pain and some limitation of motion, but does not meet the criteria for a higher evaluation.

The Veteran's claims for initial ratings in excess of 10 percent for his right knee strain and low back strain, as well as a compensable rating for his tinea pedis, were denied. The evidence did not show that the disabilities warranted higher ratings under applicable diagnostic codes.

The Veteran's service-connected residuals of back injury with lumbar disc disease and lumbosacral spondylitis are currently rated at 20 percent, which is the maximum schedular rating available. The Veteran's right lower extremity nerve impairment is currently rated as noncompensable.

The Board has remanded the case for further development, including obtaining medical opinions and examinations to determine the current severity of the Veteran's septorhinoplasty disability, as well as whether he has a back or psychiatric disability related to service. The claims are also being reviewed with consideration of all applicable laws and regulations.