Back / lumbar spine decisions — 2012

The Board found that the appellant's back disability did not have its onset in or is otherwise related to active service, and thus denied her claim for service connection.

The Board denied service connection for residuals of a right knee injury and low back injury, finding that the current disabilities are not related to service.

The Board found no evidence that a low back disorder was present during active service or within one year of separation, and concluded the current condition is not related to service.

The Veteran's lumbar spine disability was initially rated at 20 percent and increased to 40 percent effective July 31, 2000. His cervical spine disability was initially rated at 20 percent and increased to 30 percent effective July 31, 2000.,The Veteran's lumbar spine disability is now rated at 60 percent from July 31, 2000.

The Board has remanded the case due to incomplete development and requires additional examinations for the Veteran's back, neck, and psychiatric disabilities.

The Veteran's service-connected disabilities, including degenerative disc disease and dysthymia associated with cervical spine disability, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's low back strain was rated at 20% prior to October 4, 1997 and upgraded to 40% effective October 4, 1997. The claim for TDIU due to service-connected disability was granted.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent for lumbar discogenic syndrome prior to December 29, 1999 and since December 29, 1999. The hiatal hernia claim was also denied as there were no manifestations meeting the criteria for a higher rating. Headaches claims were also denied. TDIU was not addressed due to its being part of the increased rating claims.

The Veteran's claims for higher ratings for his left knee disability, low back disability, left hip bursitis, PTSD, and CAD were granted. He is now entitled to a separate 10 percent rating for arthritis in the left knee since October 2009.

The Veteran's lumbosacral strain is currently rated at 10 percent, and service connection for non-cardiac chest pain and left shoulder spasm has been granted.

The Veteran's service-connected disabilities, including a low back disorder, PTSD, diabetes mellitus, right lumbar radioculopathy, and other conditions, render him unable to secure or follow substantially gainful employment due to his physical limitations and mental health issues.

The Veteran's spondylolisthesis with lumbosacral strain, disc abnormalities, and radicular symptoms is currently rated at 40 percent. The Board finds no basis for a higher rating as the evidence does not demonstrate ankylosis or incapacitating episodes.,Service connection for a bilateral leg disability (lumbar radiculopathy) cannot be granted because there is no case or controversy concerning this issue.

The Veteran seeks service connection for a low back disorder. The Board finds that additional development is needed to substantiate his claim, including obtaining treatment records from hospitals in Korea and Vietnam, as well as from Walter Reed and DeWitt Community Army Hospitals.

The Veteran's lumbar spine disability is rated at 40 percent, effective from February 1, 2008. The right shoulder disability was initially rated as noncompensable prior to November 1, 2005 and has been rated at 30 percent since then.

The Board has determined that the Veteran's low back, cervical spine, and left shoulder disorders are related to his military service injury in April 1999. The claims for these conditions have been granted.

The Veteran's service-connected lumbosacral sprain with arthritis and DDD was previously rated at 10 percent prior to May 16, 2007. Effective from May 16, 2007, the rating was increased to 20 percent.

The Board has granted service connection for a low back disorder on the basis that it is proximately due to or the result of service-connected bilateral pes planus. The Veteran's bilateral pes planus was found to be at least as likely as not etiologically related to his lumbar spine strain.

The Veteran's appeal is being remanded to the RO for scheduling a personal hearing before a Veterans Law Judge at the VA office in San Juan.

The Board has determined that the Veteran does not have a current right shoulder or low back disability that is related to his military service. The evidence shows no in-service injury, and there is insufficient competent medical evidence to establish a nexus between any current disabilities and service.

The Board denied the Veteran's claims for an initial rating in excess of 10 percent for his right and left wrist fractures (claimed as rheumatoid arthritis) and service connection for a low back disability. The denial was based on insufficient evidence to support the claims.