Back / lumbar spine decisions — 2011

The Board has determined that the Veteran's service-connected degenerative disk disease and spondylolisthesis of the lumbar spine with multiple disk protrusions is related to his left lower extremity disability, which includes left lower extremity radiculopathy. The claim for service connection is granted.

The Veteran's tinnitus is service connected, and his lumbosacral strain rating remains at 20 percent.

The Board has decided to remand the case for additional development of evidence, including obtaining service records and private medical records. The claim will be reconsidered after all necessary steps are taken.

The Veteran's claim for special monthly pension based on the need for aid and attendance or being housebound is denied as he does not meet the criteria for either condition.

The Board has granted service connection for the Veteran's bilateral hip disability as aggravated by his service-connected lumbar spine disability. The claim for an increased rating for the lumbar spine disability is also granted, with a current rating of 20 percent.

The Veteran's appeal is being remanded due to his failure to appear for a previously scheduled hearing. A new hearing date will be scheduled at the Regional Office.

The Board denied the Veteran's claims for earlier effective dates for increased ratings of his service-connected low back disability and fibromyalgia syndrome.

The Veteran's appeal is currently before the Board of Veterans' Appeals (Board) on two issues: service connection for a schizoaffective disorder and an evaluation in excess of 10 percent for his lumbar spine disability. The case has been remanded due to the need for additional development, including obtaining VA treatment records, scheduling a new VA examination, and clarifying the December 2007 examiner's report.

The Veteran's low back disability was found to warrant a rating of 20 percent since August 21, 2008. The appeal for higher ratings prior to that date and for TDIU is denied.

The Veteran's initial ratings for low back disability and PTSD have been granted, but the rating for PTSD has been increased to 30 percent effective February 25, 2010. The lower initial rating for low back disability remains at 10 percent.

The Veteran's service-connected degenerative disc disease of the lumbar spine and arthritis of the left acromioclavicular joint were evaluated based on their current manifestations, with some issues granted and others not.

The Veteran's service-connected thoracic spine, lumbar spine, and right knee disabilities are of such severity as to preclude him from securing or following a substantially gainful occupation.

The Veteran's paraesophageal and hiatal hernia with GERD was not incurred in or aggravated by service.,There is no competent evidence linking the Veteran's current left knee condition to his active military service, nor did it manifest within one year after discharge. The low back condition also does not have a direct link to his service-connected right ankle fracture. The cervical spine disorder is not related to his jaw surgery.

The Board has determined that the Veteran's low back disability is etiologically related to his active service, and therefore grants entitlement to service connection for a low back disability.

The Board has denied the Veteran's claim for a rating in excess of 20 percent for degenerative disc disease (DDD) of the lumbar spine, finding that the evidence does not support an increase beyond the current 20 percent rating.

The Veteran's claim for service connection for residuals of a right wrist laceration is granted. His lumbar spine disability and S-1 root compression with left thigh and calf radiculopathy are rated at 20 percent each, but his increased rating claims remain denied.

The Board has remanded the case due to insufficient examination regarding the Veteran's ability to work due to his service-connected disabilities. The Veteran needs a comprehensive VA examination that considers all of his conditions and their combined effect on employment.

The Board has determined that the Veteran does not have any of the claimed conditions due to service, and therefore denied all claims for service connection.

The Veteran is granted service connection for aggravation of a heart disability and an initial rating in excess of 10 percent for degenerative disc disease of the cervical spine with headaches prior to November 26, 2007. From that date, he is entitled to an initial rating in excess of 20 percent.

The Veteran's appeal for increased ratings for his lumbar spine and left knee disabilities was denied. The Board found that the evidence did not support a rating in excess of 20 percent for the lumbar spine disability or a rating in excess of 10 percent for the left knee disability.