Back / lumbar spine decisions — 2008

The Board has determined that the veteran's degenerative changes of the lumbar spine are as likely as not secondary to his service-connected right knee disability.,There is no evidence to support a finding that the veteran's current left knee disability is secondary to his service-connected right knee disability.

The Board has found no evidence linking the veteran's current back disorder, right knee disorder, or hypertension to his period of service. The claims are therefore denied.

The veteran's appeal is being remanded due to the need for a Travel Board Hearing. The issues of service connection for PTSD, low back disorder, and reopening the claim for left knee disorder are still pending.

The veteran's appeal has been dismissed due to his withdrawal of the appeals for coronary artery disease, post-myocardial infarction, and residuals of a cerebrovascular accident.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has remanded the case for additional development, including obtaining VA medical records and arranging for a VA examination to determine if the veteran's low back disability is related to service or his service-connected disabilities.

The Board found no evidence of a back injury during service and concluded that the appellant's current low back disorder is not related to his military service.

The veteran's back disability was not manifested by incapacitating episodes or forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, combined range of motion of the thoracolumbar spine not greater than 120 degrees, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis prior to September 26, 2007.

The veteran's appeal for TDIU is being remanded due to incomplete records and the need for a VA examination. The case will be adjudicated again with consideration of extraschedular considerations if necessary.

The Board found no evidence of a current neck or back disorder related to service, and denied the veteran's claims for service connection.

The veteran's lumbar disc disease disability prior to September 23, 2002 was not characterized by pronounced symptomatology. Since then, it has not been characterized by unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least six weeks during the past 12 months.

The Board has determined that the veteran does not have a current low back condition that is etiologically linked to his period of service, and therefore denied his claim for service connection.

The Board found that the veteran's low back disabilities, including scoliosis and lumbar spine degenerative disc disease, are not related to service. The evidence clearly shows that his scoliosis preexisted service and was not aggravated by service. As for other low back conditions diagnosed post-service, there is no medical nexus between these conditions and service.

The Board denied the veteran's claim for a disability rating in excess of 60 percent for her intervertebral disc syndrome and granted a separate 10 percent rating for incomplete paralysis of the sciatic nerve. The maximum ratings available under current VA regulations do not exceed these determinations.

The Board has determined that the veteran's back disability may be related to his honorable service, but further examination is needed to determine this. The case is being remanded for a VA examination and proper notification of the disability rating and effective date elements.

The Board has ordered the RO/AMC to obtain additional medical evidence and conduct a VA examination for the veteran's claimed bilateral knee disability and back disorder. The purpose is to determine if these conditions are related to his military service.

The Board has determined that the veteran's claimed left knee condition and back condition are not related to his military service, and thus denied both claims.

The Board has remanded the case for further development, including scheduling a VA examination to determine the current severity of the veteran's service-connected lumbar spine disability and to assess the nature and etiology of his claimed bilateral wrist weakness, head pain, chest pain, foot pain, leg pain, and knee pain.

The veteran's claims for increased ratings and a permanent total disability rating were denied. The initial rating for lumbosacral strain with arthritis remains at 20 percent, while the GERD claim is rated as noncompensable.

The Board has reopened the veteran's claim and granted service connection for a back disorder, finding that her pre-existing condition was aggravated by active duty.