Back / lumbar spine decisions — 2009

The Veteran requested to withdraw his appeal of the denial of service connection for a back condition, and as such, the issue is dismissed.

The Board has remanded the case due to incomplete development and a need for clarification of what evidence would be necessary to substantiate the claim. The Veteran's claims for service connection for low back disorder and bilateral foot disorder are also being reviewed.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's appeals for increased ratings and service connection were denied. His right knee disability was rated at 20 percent, his lumbosacral spine disability was rated at 20 percent prior to September 26, 2003, and 10 percent thereafter, his right shoulder disability was not granted service connection, and his left shoulder disability was also not granted service connection. The appeal for cervical spine disability with bilateral hand numbness was withdrawn by the Veteran.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for cervical spine disability, lumbar spine disability, and acquired psychiatric disorder. The claim of residuals of head injury remains denied.

The Veteran's appeal is being remanded for further development to determine the current severity of his service-connected low back pain and cervical spine disabilities, including any related neurological manifestations.

The Veteran's claims for service connection for a low back disorder and peripheral neuropathy of the lower extremities were denied. The claim for an increased rating for his generalized anxiety disorder was granted, with ratings in excess of 30 percent prior to February 1, 2007, and from that date onwards.

The Veteran's appeal for an increased rating for his low back disability was denied. His claim for service connection for depression, which is secondary to his low back disability, was granted.

The Veteran's lumbosacral spine disability, including strain and L4-L5 disc herniation, is currently rated at 40 percent. The claim for sciatica affecting the left lower extremity due to this condition has not met the criteria for a higher initial rating of more than 10 percent.

The Veteran's service-connected low back disability is rated at 20 percent, the next higher rating under VA's General Formula for diseases and injuries of the spine. The condition does not warrant a higher rating as forward flexion was found to be limited to 55 degrees by pain.

The Veteran's claim for service connection for a back disability is being remanded due to the need for further examination and clarification of the current nature and likely etiology of any chronic back disability.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to evaluate the severity of his right thigh disability and determine if his low back and right knee disorders are related to his service-connected right thigh disability.

The Board has remanded the veteran's claims for service connection for a right arm disorder, including residuals of a right shoulder injury; a low back disorder, inclusive of residuals of a low back injury; and PTSD to the RO/AMC for additional actions.

The Board has determined that the Veteran's back disability with sciatica is not related to his service-connected pes planus and therefore denied the claim for service connection.

The Veteran's low back disorder is now rated at 40 percent since January 7, 2009, due to severe limitation of motion and incapacitating episodes. Prior to that date, the disability was rated as 20 percent.

The Veteran's claims for service connection for a low back condition, increased evaluations for his right eye cataract and cervical spine arthritis, and a compensable rating for gastritis and gastroenteritis were denied. The Board found that the evidence did not support a finding of service connection or entitlement to higher ratings.

The Board denied service connection for a back disorder, right and left knee disorders, urinary disorder, sinus disorder, bronchial disorder, psychiatric disorder, and bilateral pes planus. The Veteran's service records did not show any evidence of these conditions during or after his military service.

The Board has determined that the reduction of the schedular disability rating from 60 to 20 percent for herniated lumbar disk, L-5 is proper. The termination of TDIU based on service-connected disabilities is also considered properly substantiated by the evidence.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or being housebound is remanded due to incomplete records, specifically his Social Security Administration (SSA) records.

The Board has remanded the case for additional development due to uncertainty regarding whether the Veteran's current low back disorder is related to his military service.