Back / lumbar spine decisions — 2009

The Board is remanding the case for additional development, including obtaining SSA records and readjudicating the issues of service connection and effective dates.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess his employability due to service-connected disabilities. The issue of service connection for headaches will also be addressed in the remand portion.

The Veteran's bipolar-2 disorder is rated at 70 percent, and his knees are each rated at 10 percent. The Veteran has a torn meniscus in both knees which warrants separate ratings of 20 percent for each knee.

The Board has determined that a remand is necessary to obtain updated medical examinations and opinions regarding the Veteran's service-connected lumbar spine disability, as well as his employability. The case will be readjudicated after these actions.

The Veteran's lumbosacral strain is not shown to meet the criteria for a higher rating, as it does not result in limitation of thoracolumbar flexion to 60 degrees; combined range of motion less than or equal to 120 degrees; muscle spasm or guarding severe enough to result in abnormal gait or contour; and no neurological symptoms.

The Board has remanded the case for issuance of an SOC on the Veteran's service connection claim and a TDIU claim, as these issues are inextricably intertwined.

The Board has remanded the case for additional development, including obtaining medical records and arranging for examinations to address the Veteran's claims.

The Board has determined that there is no evidence of current back or right knee disabilities, and thus service connection cannot be granted for these conditions.

The Veteran's appeal is granted, with an effective date of September 17, 1998 for the election of compensation benefits in lieu of military retired pay. The issue of calculating compensation benefits based on this election remains pending.

The Board has determined that the Veteran's claim for service connection for a low back disability is remanded due to inadequate medical opinion and missing service records. The case will be returned to the RO for further development, including obtaining additional service treatment records and hospital records from Vietnam.

The Board found no evidence of a low back or cervical spine disability during service, and the medical opinions provided did not support a finding that these conditions are related to service. Therefore, service connection for both disabilities is denied.

The Veteran's claim for a rating in excess of 10 percent for mechanical low back pain with lumbar spondylosis was denied as his condition did not meet the criteria for such an increase.

The Veteran's service-connected back condition is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Board has determined that the Veteran's residuals of a lumbar laminectomy were not caused by VA medical personnel's carelessness, negligence, or similar instance of fault. The Veteran's current symptoms are attributed to his pre-existing condition and progression of spinal stenosis.

The Veteran's claim for a higher rating and an earlier effective date was granted, with the effective date set at January 10, 1992.

The Veteran's service-connected chronic low back strain is currently rated at 20 percent from May 16, 2007. The RO denied the claims for higher ratings prior to that date.

The Board denied the Veteran's claim for an increased rating for lumbar shell fragment wound residuals, finding that there was no evidence linking his current back disorder to service or a service-connected condition.

The Board has denied the Veteran's claim to reopen his service connection claims for hypertension, peripheral neuropathy, heart disorder, kidney disorder, vision disorder, back disorder, right leg disorder, and pes planus. The evidence submitted since the July 2002 final rating decision did not provide new and material evidence to support these claims.

The Veteran's claims for increased ratings for her upper back disorder and right hip disorder are being remanded due to the need for additional VA examinations.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional medical records.