Back / lumbar spine decisions — 2012

The Veteran does not have a currently diagnosed thoracolumbar spine disorder or cervical spine disorder that is the result of disease or injury incurred in or aggravated by active military service.

The Veteran's service-connected degenerative changes of the lower lumbar spine are currently rated at 20 percent, effective April 13, 2005. The Veteran is not entitled to a higher rating for this condition prior to June 6, 2006 or after that date.

The Board has remanded the claim due to inadequate reasons and bases in its previous decision, requiring further examination and consideration of the evidence.

The Veteran's service-connected low back disability is rated at 40 percent, and the Board finds that it does not meet the criteria for a schedular rating in excess of 40 percent.

The Board has remanded the Veteran's claim for further development due to incomplete records and inadequate examination.

The Board found no evidence to support a service connection claim for a lumbar spine disorder, concluding that the Veteran's current condition is not related to his active duty service.

The Board has determined that the Veteran's bilateral knee disorder, lumbar spine disorder, cervical spine disorder, and chronic headaches are not related to service or any service-connected condition.

The Veteran's lumbar strain has been rated at 20 percent since August 17, 2006. As of February 8, 2012, the disability is rated at 40 percent due to limitation of motion and associated left leg sciatic neuritis.

The Veteran's appeal is being remanded for scheduling a new Board hearing before a Veterans Law Judge at the RO by videoconference.

The Veteran's appeal for service connection on the merits of his claims has been withdrawn. The Board is dismissing these issues as they are no longer in contention.

The Veteran's claims for service connection for PTSD and a low back disorder have been reopened, with the underlying claim for PTSD being granted.,Service connection has not been established for bilateral hearing loss or tinnitus.

The Board has determined that the Veteran's claim for an effective date prior to May 8, 2003, for service connection of his lumbar spine disability is granted. The initial rating assigned was 40 percent.

The Veteran's claims for service connection for right ankle, psychiatric disorders (including PTSD), low back disorder, and right foot disorder have all been denied. The denial of the right ankle claim is final as it was not appealed in June 1993. The other claims were denied due to lack of evidence linking these conditions to military service.

The Board has reopened the appellant's claim of service connection for a back disability, including osteoporosis, lumbago, and osteoarthritis. The new evidence submitted by the appellant establishes that his current back disability was incurred in service as a result of trauma sustained during parachute jumps.

The Board has determined that the Veteran's low back disorder is related to her service and grants service connection for this condition.

The Board has reopened the claim of service connection for a thoracolumbar spine disability and granted it, finding new and material evidence. The claims for right and left hip disabilities and right and left elbow disabilities were not substantiated.

The Board found that the Veteran's lumbar spine disorder, including spinal stenosis and arthritis of the lumbar spine, was not incurred in or aggravated by service. The condition is not related to his service-connected pilonidal cyst.

The Veteran's thoracolumbar spine disability is currently rated as 20 percent disabling. The Board found that the evidence did not support a higher rating based on his symptoms and functional limitations.

The Veteran's low back disability is manifested by limited range of motion, but not ankylosis or intervertebral disc syndrome requiring bed rest and physician treatment. Therefore, a rating in excess of 20 percent is denied.

The Veteran's service-connected lumbosacral strain and right lower extremity radiculopathy were evaluated at 10% and 20%, respectively. The RO increased the evaluation for right lower extremity radiculopathy to 20%.