Back / lumbar spine decisions — 2009

The Board has reopened the Veteran's claim for service connection for a low back disability and finds that new and material evidence has been submitted. The claim is therefore granted.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine was denied by the RO. The issue of service connection for a total right hip replacement, secondary to the service-connected low back disability, is no longer in appeal status as the Veteran withdrew this claim during the Travel Board hearing.

The Board has determined that the Veteran is not eligible for continued REAP benefits due to his status as an inactive member of the National Guard, and did not re-affiliate within 12 months. The claim must be denied based on a lack of entitlement under the law.

The Veteran's death was not due to his own willful misconduct, and he had been receiving a total disability rating for service-connected disabilities continuously since the date of separation from active duty. However, as the appellant did not file a claim for TDIU prior to September 1997, the ten-year threshold period required by law has not been met.

The Board has determined that further development is necessary before the claim on appeal can be adjudicated. The Veteran should be provided with a new VA examination to evaluate his back, bilateral knee and left ankle disorders.

The Veteran's appeal is being remanded due to procedural defects, and he has been requested for a hearing before the Board.

The Veteran's claim for an increased disability rating for her service-connected lumbar strain is being remanded due to the need for additional medical examination and consideration of new evidence.

The Board has remanded the claims for service connection due to insufficient evidence in the October 2008 VA examination report.

The Board denied the Veteran's claim for an initial rating in excess of 20 percent for degenerative disc disease of the lumbar spine, finding that his disability manifested by moderate limitation of motion. The case was remanded and readjudicated multiple times but ultimately maintained a 20 percent rating.

The Veteran's claim for increased ratings for his low back disability and associated radiculopathy has been denied. The RO found that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Veteran's claims for increased rating and service connection were denied. The Board found that the right foot fracture did not warrant a compensable initial rating, left foot fracture was not shown to be related to service or service-connected conditions, bilateral pes planus was not shown to be related to service or service-connected conditions, and low back disability was not shown to be caused by service or service-connected conditions.

The Board has decided to remand the case for further development, including scheduling a VA examination and providing an opinion on whether the Veteran's current low back disability is related to service.

The Veteran's service-connected disabilities, including osteoarthritis of the thoracolumbar spine, cervical spine, left arm radiculopathy, and fracture of the left fibula, have resulted in a combined rating of 70 percent. The Board finds that these conditions preclude the Veteran from securing or following substantially gainful employment beginning on September 8, 2008.

The Veteran's appeal of the issue of entitlement to special monthly compensation based on aid and attendance at a housebound rate has been withdrawn. The Board is dismissing this issue as it pertains to the remaining issues, which are being remanded for further development.

The Board has determined that the Veteran's right foot disorder, other than tinea pedis, is related to her military service. Service connection for this condition is granted.

The Board has granted service connection for a bilateral foot disability, finding that new and material evidence was received to reopen the claim. The Veteran's current bilateral foot disability is at least as likely as not related to his in-service treatment. Service connection for knee, hip, and low back disabilities are also granted as secondary to the bilateral foot disability.

The Board has determined that a program of independent living services, including bathroom remodeling, is not necessary for the appellant's independence in daily living.

The Board has determined that the Veteran's claimed thoracolumbar spine disorder, cervical spine disorder, and digestive system disorder are not related to service. The claims for these conditions have been denied.

The Board denied an extraschedular rating for the Veteran's service-connected lower back disorder and found that a TDIU is not warranted. The VA Director of Compensation and Pension Service found no evidence to warrant an extraschedular rating.

The Veteran's low back disability is rated at 10 percent, and his right S1 nerve radiculopathy warrants a separate 10 percent rating.