Back / lumbar spine decisions — 2011

The Veteran's lumbar spine disability has not been manifested by ankylosis, favorable or unfavorable, of thoracolumbar spine or of the entire spine, pronounced intervertebral disc syndrome (IVDS) with little intermittent relief. The criteria for a rating in excess of 40 percent have not been met.

The Board found that the Veteran's additional disabilities of the back, left knee, and bilateral legs were not caused by VA care or treatment. The evidence did not support a finding of fault on the part of VA.

The Board has remanded the case to the RO for further development due to the Veteran's failure to appear at a scheduled hearing and his request for a continuance.

The Board has remanded the case for further development, including adjudicating claims for service connection for memory loss and neurogenic bladder/erectile dysfunction. The T/R claim on appeal remains pending.

The Board denied the Veteran's claims for service connection for bilateral lower extremity radiculopathy and a compensable evaluation for his lumbar muscle strain, finding that there was no evidence of radiculopathy during service or related to service-connected disability. The Veteran's current back pain is attributed to degenerative changes in his spine.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling VA examinations to address the Veteran's claims for low back and right knee disabilities.

The Veteran's claims are being remanded for additional development, including a VA examination to assess the severity of his service-connected lumbar spine disorder and radiculopathy of the bilateral lower extremities.

The Board found no probative evidence linking the Veteran's current low back disorder to his military service, and denied his claim for service connection.

The Board finds that the Veteran's current back disability, including DDD and a metallic foreign body, is not related to his service. The evidence does not support a finding of a SFW or stab wound in service.

The Board found that the Veteran's low back disorder did not manifest until after service and is not shown to be related to his active duty service.

The Veteran's lumbosacral strain, cervical degenerative disk disease, and right knee retropatellar pain syndrome with osteoarthritis were all rated at the lowest possible initial evaluation of 10 percent for each condition. The evaluations have not changed since their initial assignment in October 2005.

The Board found that the reduction of the Veteran's lumbar spine disability rating from 20 percent to 10 percent was not supported by evidence showing actual improvement in his condition, and thus it was improper.

The Veteran's cervical spine disability is currently rated at 10 percent, and the Board finds that a higher evaluation is not warranted.

The Veteran's appeal is being remanded for further development of his claims, including obtaining updated VA and private treatment records, arranging for an orthopedic examination to determine the nature and likely etiology of his low back disability, and ensuring all evidence has been considered.

The Board has determined that there is no evidence of a chronic low back disability in service and the current DDD is not related to service. The claim for service connection for degenerative disc disease of the lumbar spine is denied.

The Veteran is seeking service connection for a lumbar spine disorder, which he claims is secondary to his service-connected left ankle disability. The Board has determined that further examination and development are needed before the issue can be decided.

The Veteran's low back condition is service-connected, and his acquired psychiatric disability (anxiety disorder and PTSD) may be related to service. The lung condition is not service-connected.

The Board denied an increased rating for lumbosacral strain during the period prior to March 7, 2009 and determined that new and material evidence had not been submitted to reopen a claim for entitlement to a temporary total rating under 38 C.F.R. § 4.30 based on a need for convalescence following left knee surgery in May 1991.

The Veteran's claims for bilateral hearing loss and a back disability are being remanded due to the need for additional examinations and consideration of his service connection.

The Board has determined that the Veteran's current lumbar spine disorder is not related to his service or any service-connected disabilities, and thus denied his claim for service connection.